Legal Issues for Managers

In: Business and Management

Submitted By Zubi
Words 1158
Pages 5
Legal Issues for Managers

Legal Issues for Managers: Potential Liabilities

The object of this essay is to advice on potential liabilities of Cena, Rock, Kofi and Punk.
First and foremost delivery driver Cena failed to check his trailer was properly coupled to his truck. While driving the trailer detaches, rolling down hill colliding with Rock, a motorcyclist. Due to Cena’s negligence Rock, not wearing a crash helmet suffered severe injuries and damages to his body and motorcycle. Per Lord Atkins “we owe a duty of care if it is reasonable to foresee that another person might suffer damage as a result of our act or omissions”. (Lord Atkins)
Rock may state, surely Cena had a duty of care to ensure his vehicle was suited for purpose. Nevertheless, since Rock was not wearing a helmet, Cena may argue that Rock is liable for some of his injuries.
Comparably under the case of Smith V Leech Brain & Co Ltd and Another [1962] All Er 1159, Smith incurs fatal injuries when molten metal burns his lips, leading to cancer and eventual death. This being said, Smith “already had a pre-malignant condition”. The defendant argued, “Smith may have contracted cancer due to his condition, regardless of the accident”. (Smith V Leech Brain, 1962) Conversely, but for the burn, Smith may have never developed cancer. According to Thin Skull Rule “a defendant is liable for the full extent of the victim's injuries even if, due to some abnormality or pre-existing condition, the victim suffers greater harm as a result of the defendant's actions than the 'ordinary’ victim would suffer.” (Finch, E and Fafinski, S, 2007)
All things considered the verdict deemed Leech Brain negligent. Relatedly in the situation of Rock V Cena, evidence gathered indicates Cena to be most likely liable for the injuries and damages to Rock and the motorcycle.
Furthermore, Kofi, driver of a…...

Similar Documents

International Legal and Ethical Issues

...International Legal and Ethical Issues Contemporary Business Law-LAW/421 Dina Centifanti Gledhill May 28, 2012 International trade is important and beneficial to business. However international trade must be guided with a safeguard of interests, specific business contract, defined law, forum of dispute settlement, and understanding of contract clauses. “A working knowledge of international law helps business owners and managers with global interests reduce risk and increase profits” (Melvin, 2011, P. 631). This enlightenment will address the international legal and ethical issues involved in international business transactions and compare such to domestic business operations. Resolving legal disputes Business internationally, enviably creates change in legislation, interest conflict, and rise of ethical dilemmas. When international business arises, business owners, and management must use precaution to avoid ethical, legal, and cultural issues. Business must prepare for the unexpected to ensure success. Often conducting foreign business requires the parties to set standard law, determine how to settle disputes, and define contract clause to determine the correct business decision applicable through contracts. Foreign businesses commonly use contracts for the international sale of goods as standard law. “Contracts for the international sale of goods was created by the U.N. Commission on International Trade Law to establish uniform rules for drafting certain......

Words: 652 - Pages: 3

Legal Issue

...Legal Issue 1: Donald v Scrooge A. Case Facts * Scrooge engages Donald Contractors to build a pond in his garden. The contract price is $10,000 and the pond due to be completed on 1st September 2012. * Donald deliberately underestimated the cost and quoted a very low price * Unexpectedly, Donald’s sole employee fell sick and is unable to work for a month The price of materials also increases dramatically * Donald approaches Scrooge and request for an extra $5000 otherwise the pond will not be completed on time * Scrooge reluctantly agrees as his fishes were scheduled to be delivered on 2nd September 2012 and for various reasons it cannot be postponed Here, we will determine if the $5000 requested by Donald is a valid consideration or there is a breach of contract by Donald. B. General Rule 1. Consideration must be sufficient Consideration must be sufficient, defined as something having value in the eyes of the law. Where there is no benefit to the promisor or detriment to the promisee, no consideration is made. The rule was laid in the case Thomas v Thomas (1842). The court ruled that motive should not be confused with consideration and giving the house out of gratitude is not considered sufficient consideration. The rule later applied in White v Bluett (1853). The court held that the father (defendant) was not bound by his promise. There was no consideration for the father’s promise. The intangible benefit of feeling......

Words: 871 - Pages: 4

Legal Issues

...INDEX Contents Introductory Note Court: Definition Functions of Court Environment Court • Definition • Constitution: • Purpose Power and functions of the Environment Court Practical Scenario of the Environment Court Legal loopholes and deficiencies of the Environment Court Act, 2000 Environment related court in other countries of Indian subcontinent: A comparative study • India: The National Environment Tribunal • Pakistan: The Environment Tribunal • Comparative study Recommendations Conclusion Introductory Note Environmental Law is a source and foundation of orderly response to Global and National environmental problems. International Environmental Law is the principal means by which community of nations builds and expresses international consensus on environment and development challenges. National Environmental Law is the most effective instrument for translating environment and development policies into action. Judiciary is a key mechanism for ensuring legal effectiveness of environmental law. A judiciary well informed of the rapidly expanding environmental law, can play a critical role: in interpretation, development and enforcement of environmental law, enforcing environmental rights, public access to judicial procedures, exchange of judgments, sharing information on environmental law, policy and environmental jurisprudence. The purpose of this assignment is to focus on the function of the Environment Courts of Bangladesh......

Words: 6596 - Pages: 27

Ethics and Legal Issues in Mergers

...Ethical and Legal Issues Merger of Company A & Company B Human Resources Management & Talent Development 07-04-13 Abstract In any merger, there are always legal and ethical issues involved. These issues have to be resolved in order to ensure a successful merger. It is the role of Human Resource personnel to ensure the code of ethics is used in legal and moral implications. The role of the Human resource manager is to create an ethical environment in which all employees are able to enjoy there inalienable rights. These rights will include the accessibility of information about the job, company, and there career and the right not to be coerced into situations. Maintaining these rights will help in reducing stress, establishing trust, increasing productivity and efficiency. This report will document the legal and ethical issues associated with a merger. It will also consist of a detailed implementation plan in resolving these potential ethical and legal issues. A plan for establishing an ethical work environment and resolving ethical and legal issues will be discussed as well. Identify Specific Legal and Ethical Issues involved in Mergers Recently the mergers and acquisitions of firms has become a major trend in business. In the process of mergers and acquisitions, the role of ethics and compliance has become a major step in ensuring success. A breakout session was held just recently on ethics and compliance in mergers and acquisitions. The panel, which......

Words: 1264 - Pages: 6

Legal Issues

...about your job, then you will achieve all of your goals. Because people tend to work better with people who are happy and remain positive within their jobs. I believe that you should have a positive attitude and love going to work every day. It is something that you should enjoy, not because you are there to pay your bills. Summarize the results of the assessments you completed for homework in Week 1 In the assessment “A Twenty-First-Century Manager, my PMF score was composed of a 10. The reason that I believed I scored a ten was because I have learned and adapted to working within stressful situations. Because I have a background of working within a frenzied environment as a server, I have incorporated multi-tasking into my career. I am able to find a balance of getting my work done, while focusing on tasks that need to be completed for the day. On my Leadership Style Assessment my transformational score was a 31, and my transactional score was a 19. My results of this assessment is that I would prefer to work for a manager that has strong leadership skills and work for someone who is open to ideas, listens to his/her employees, and shows respect to their employees. In today’s society, if no individual is willing to comply with these characteristics, no one will be willing to work for them. In my Intuitive ability assessment, I did score a 7 on the test. It was good to take this assessment because it was clear to me what I find that irritates me the most in......

Words: 2140 - Pages: 9

Legal and Ethical Issues Faced by Managers

...Identify five specific ethical issues that 21st century ethical managers must confront. Which of the ethical perspectives described in this chapter seems best suited to resolve such ethical issues? Why? In studying and evaluating ethics and legal aspects in business, it is right to be concerned with the potential ethical issues that managers face in the 21st century. There are countless legal and ethical issues faced by managers in today’s business world, and sometimes unless you are the one in the management position it is likely that you are completely oblivious to the legal and decisions faced by managers. There are however, some legal and ethical decisions that are quite common and can be readily identified or recognized by the public’s eye as a result of mass media or common knowledge. Among the recognizable ethical issues are bribery, discrimination, deceptions, falsifying financial documents, and violation of worker’s rights. First, when it comes to bribery, the ethical issue often occurs in global business due to the undefined lines of business overseas. Companies are bound by the Foreign Corruptions Practices Act (FCPA)that defines lines for global business however not all global businesses practices such high levels of ethics as the United States and influence and bribery, sometimes named gifting or courtesy, may be hard to identify outside of the United States. The FCPA website identifies “Financial institutions [as] the most impacted group under the......

Words: 817 - Pages: 4

Ethical and Legal Issues

...Ethical and Legal Issues HR ethics are important to organizations as they can have legal and moral implications. In this assignment, you will develop a plan to resolve some of the ethical and legal issues involved in a merger. Use the Argosy University online library and textbooks to read about ethical and legal issues.   Consider the following scenario: As part of the employment contracts, employees have certain rights. For example, employees have the right to not be coerced into situations against their will. They expect to be able to access the information, which affects their job, company, and career. Such work situations can increase stress, lower self-esteem and productivity, cause loss of trust, and decrease efficiency. Good employees who are looking for a more secure work environment may resign and take valuable tacit knowledge and talent with them. It is the responsibility of HR management to create an ethical work environment before, during, and after the merger. Instructions:   As a strategic HR Director, you have been asked to identify ethical and legal issues involved in a merger and develop a plan to resolve these issues. Your plan should address the following:   * Identify specific legal and ethical issues that should be considered before, during, and after the merger. * Develop an implementation plan for managing the potential legal and ethical concerns for the merger. * Explain how the proposed plan would help managers establish an......

Words: 293 - Pages: 2

Legal Issues

...family. * Users are people that are interested in the benefits of the product offers, such as increased making rates. * Buyer officers will be afraid about easy buying arrangements, delivery dates and safety of supply. This can mean that a business can tell apart itself from the competition by stressing its success rate and longevity. * Deciders are people like managing leaders, who will perhaps be most concerned with the overall cost of the product and whether the organisation can afford it. The cost benefit of purchasing the product or service is a key issue it is obviously not worth the buying if the benefits that may result do not safe the initial deal. * Initiators/ Specifiers decide on the detailed plan of product to be purchased. * Gatekeepers may deny potential users information for a change of reasons, for example, quality managers may have safety concerns or finance managers may have financial doubts. As shown above, benefits for different members of the DUM include cost benefits, ongoing relationships and safety of supply. 5. Acorn is a geo-demographic tool that businesses use to identify and understand the UK postcodes and local demand for products and service. * Exclusive enclaves are Wealthiest people in the country ‘Millionaires’ Row’ large house plush apartment’s professional director’s business owners. Business owners would like to buy more companies like Jaguar and Birmingham Children Hospital to make more profit......

Words: 1384 - Pages: 6

Legal Issues

...page. Sample document created with MS Word Page 3 of 5 This page is Size Legal 0 1 2 If this was a real document it would have more here. 3 4 Sample: Times New Roman 5 6 Sample: Courier New 7 8 Sample: Arial 9 0 Sample: Times New Roman Bold 1 2 Sample: Courier New Bold 3 4 Sample: Arial Bold 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 Last line on legal page. Sample document created with MS Word Page 4 of 5 This page is Size Legal 0 1 2 If this was a real document it would have more here. 3 4 Sample: Times New Roman 5 6 Sample: Courier New 7 8 Sample: Arial 9 0 Sample: Times New Roman Bold 1 2 Sample: Courier New Bold 3 4 Sample: Arial Bold 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 Last line on legal page. Sample document created with MS Word Page 5 of 5 This page is Size Legal 0 1 2 If this was a real document it would have more here. 3 4 Sample: Times New Roman 5 6 Sample: Courier New 7 8 Sample: Arial 9 0 Sample: Times New Roman Bold 1 2 Sample: Courier New Bold 3 4 Sample: Arial Bold 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 Last line on legal page....

Words: 519 - Pages: 3

Legal Issues

...what he was doing in the area. Under section 1(1a) and 1(2) of PACE a constable may stop a person in public and may detain a person for the purpose of a search (Huxley, 2012). An officer who has reasonable grounds for suspicion may detain the person concerned in order to carry out a search. Before carrying out a search the officer may ask questions about the person’s behaviour or presence in circumstances which gave rise to the suspicion according to Code A 2.9 PACE (Home Office, 2006). However, “Under common law a detained person is not obligated to answer questions” (Rice v Connolly 1966). In Rice v Connolly, Lord Parker CJ states: “It seems to me quite clear that though every citizen has a moral duty… to assist the police, there is no legal duty to that effect, and indeed the whole basis of the common law is the right of the individual to refuse to answer questions put to him by persons in authority, and to refuse to accompany those in authority to any particular place; short of arrest of course.” Johno has every right to not answer the questions asked by the officer, so refusing to say where he was is not an offence. If the officer has reasonable grounds to suspect he will find a prohibited item, under section 1(3) of PACE he is also able to search a person (Huxley, 2012). As the officers were keeping observations on what had been reported as a ‘crack house’, and had seen Johno entering and leaving the premises on two occasions, they would have reasonable ground to......

Words: 2037 - Pages: 9

Legal Issues

... LEGAL ISSUES Student’s Name Institution Date: 2nd March, 2016 Legal Issues Introduction A contract is a voluntary and legal agreement between two or more parties which is intended to be enforced by the law. A contract must have some essential elements for it to be valid. These elements include offer and acceptance, consideration, intention to be bound, free consent, certainty and capacity. This paper explains these principal components of a contract and highlights a variety of issues involved in enforcing employment contracts under the UK law. Question 1 Offer is the first element which makes a contract to be valid. One party offers to do a clearly defined and specific task. After presenting an offer, there should be acceptance. It is the second element in a contract where the other party accepts the offer provided. When the parties are clear concerning the offer they should make, acceptance will be made in agreement with the rules being proposed in the contract. The acceptance may be in written form, verbal or just implied (Calamari & Perillo, 2004). Consideration is also an essential element in a contract. It means that the other party should acquire something in return for an exchange, which would be made between either persons or parties. For example, a client willing to buy a car from a potential seller agrees to pay a certain amount of money as a consideration. It poses no threat to both persons. Another primary element in a contract is the certainty......

Words: 915 - Pages: 4

Legal Issues

...Legal Issues for Business Organizations Task 1 Situation A-FMLA-Family and medical leave act of 1993 Situation B-ADEA-Age Discrimination in Employment Act of 1967 Situation C-ADA-Americans with disabilities ACT of 1990 Situation A-FMLA-Family and medical leave act of 1993 The Family and Medical Leave Act of 1993 (FMLA) is a United States government law that requires secured businesses to give qualified employees job protection and unpaid leave for a predetermined amount of time for qualified medical and family reasons. job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Qualified restorative and family reasons includes: individual or family sickness, family, military leave, pregnancy, appropriation, or the child care situation of a youngster. This law allows eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to attend to the serious health condition of the employee, parent, spouse or child. The law also enables the employee to take part of the unpaid leave during the 12-month period for pregnancy or care of a newborn child. In the event of an of newly adopted or foster child, employees are granted a 12-week period of unpaid leave. In order to be eligible for FMLA leave, an employee must have been at the business at least 12 months, and worked at least 1,250 hours over the past 12 months...

Words: 979 - Pages: 4

Legal Issue

...Objectives: Interpret the effect of different legal systems in the world on hospitality foodservice and hotel management. Reflection: Find a current issue and write a one-page summary with your comments. http://www.hospitalitymagazine.com.au/management/5-key-legal-issues-that-affect-the-hospitality-ind Summary: This article is written by Katherine Hawes and is discussing the 5 key legal issues that affect the hospitality industry. In fact, the hospitality foodservice and hotel management industry deals with high pressure; management, service, food preparation, inventory control and so on. Therefore, it has to deal with different legal issues that affect the industry. The first legal issue described in this article is the liquor licence. A liquor licence is the authorization of consumption or sale of liquor. Before a hotel or restaurant can start serving alcohol, it should make sure to be awarded this licence before the opening. If it is taking over an existing licensed establishment, an assignment of this licence to the new owner should be approved. Once the hotel or restaurant have its liquor licence, it is responsible for every client and must ensure that their staff that serve liquor is trained in Responsible Service of Alcohol (RSA) to comply with the General Code of Practice for Liquor. The second legal issue is Music; A licence fee (for the copyright in the song, and the copyright in the recording music video of the song) is required in order for a hotel or......

Words: 611 - Pages: 3

Legal Issues

...Legal Issues Discrimination of any kind is illegal in the United States; let it be sexual, age, disability, national origin, sexual orientation etc. LVN is bound to face some serious challenges as far as employment discrimination is concerned. LVN’s business model is as such, where it is crucial for its long-term success to employ mostly energetic female staff, mainly as waiters, bartenders, dealers and DJ operators. On the other hand security is highly important for business functionality, highly experienced personal are required to undertake the task and, should be able to deal with any kind of situations, for these position retired veterans are appropriate. Federal law protects employees from sex and age discrimination outlined in thirteenth and fourteenth amendment. The Civil Rights act of 1991 clearly states that workers are protected from intentional discrimination in all aspects of employment. Title VII EEO prohibits discrimination on the basis of sex, where LVN contradicts the law by selective hiring. LVN is protected by unintentional discrimination as the business setting and job specific requirements are job related and permissible by the law. LVN prefers energetic female and experienced male security guard staff for customer attraction. Occupational health and safety (OH&S) is an important legal issue in employment. Because of the line of business and the job role diversity in LVN, Workplace safety is an absolute priority. It undermines productivity and......

Words: 381 - Pages: 2

Legal Issues

...Addressing International Legal and Ethical Issues Addressing International Legal and Ethical Issues CadMex is a global pharmaceutical with over 85 years in the business. They are based in Tampa Florida. They have the ambitions to take their business to a country in South East Asia called Candore. The company the CadMex wants to business is called Gentura. They are well established biotechnology company. This company has over 25 years experienced into their business. This paper will highlight the many situations or challenges an organization faces while conduction business abroad. Other items that will be highlighted in this paper are: the issues involved in resolving legal disputes in international transactions. Also some practical considerations of taking legal action against a foreign business partner based in another country. Last, it will highlight how companies should resolve domestic and international issues differently. There are some issues that arise during resolving legal disputes in international transactions. The first issue to consider is the laws that govern the country. If the country is run by a borderline dictator such as President Arahi Gwendoz that took over Candore in a bloodless coup, the rule might be very difficult to understand. If there are no rules such the Constitution of the United States, there will be a lot of room for a variety of interpretations. Last, “International law has traditionally been defined in very broad terms and not limited...

Words: 1214 - Pages: 5

FINE VISION Photochromatic Anti Fog Adhesive Insert (275 x 97mm) Made by Pinlock | Rasierklinge | Más detalles