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Contract Creation And Management

Plan for Alumina
c/o Regulatory Risks and Tort Identification

Business Tort:
Definition:
Note: From our text book, this Alumina case tort would be the tort of Negligence. The definition is when the conduct of one party didn’t live up to certain standards of care we are all expected to use. A tort is a legal wrong committed upon the person or property of another. Types of "torts" include negligence (which may include negligent supervision and negligent hiring), educational malpractice, battery, assault, false imprisonment, and intentional infliction of emotional distress. A tort action is filed by the plaintiff in civil court in order to receive compensation for injuries and/or damages to property.
Propose actions a company can take to avoid tort liability and litigation.
􀂃 Duty of Care
􀂃 “You must take reasonable care to avoid acts or omissions
which you can reasonably foresee would be likely to injure your
neighbour.”
• First step- particularise the negligence- what are the precautions you say should have been taken?- there may be more than one.
Action:
Negligence- Kelly Bates- Age 38; Repeat contamination of waters of Lake Dira.
The result- daughter of Bates obatained lukemia. May be as old as the 1st violation of Alumina.
• Second step- does failure to take those precautions give rise to a reasonably foreseeable risk of injury?.
Answer: Yes
Results: Alumina becomes defensive through editorial release.
- Loss prevention on environmental and commercial levels; restore image; abide by statues.
- Legal counsel states environmental laws were not broken based on yearly reports. Disclose findings to EPA.
- Press: Investigation confirmed PAH levels lower than prescribed.
- Traffic conditions caused high levels of poisioning of waters of Lake Dira/PH concentration 100x greater than pre-urban conditions.
- Bates requested from EPA a copy of Aluminas’ violation 5 yrs. Ago.
Third step- is the risk not insignificant?
• Fourth step- would a...