Business Regulation Simulation Essay

1016 words - 4 pages

This paper will examine a business regulation plan for Alumina, and will indentify its legal issues and legal principles. This paper will also explain how such issues can be identified and managed through preventive, detective, and corrective measures.Alumina is a company that produces aluminum products, and as all companies that operate in the United States is regulated by the Environmental Protection Agency (EPA). The EPA's mission is "to protect human health and the environment" (EPA, n.d). These businesses are also under legal and regulatory compliances mandated by both the state and federal government. This compliance force's a company to observe their practices to ensure that they stay within the regulations or be subjected to legal claims that ultimately could damage a company's image and financial position.The following issues were identified in the simulation:Negligence, "Negligence is the failure to use ordinary care" (Larson) in other words a reckless attitude, an action done without thinking through the consequences that could happen. In the case of Alumina its conduct had interfered with a person and would have been considered a personal tort, where "tort is a private wrong". With a tort being committed the party who was injured would be entitled to collect compensation for damages from the wrongdoers. Once a duty has been proven to exist, there must be a determination that the defendant breached that duty, and that the breach was the actual cause of the damages. After the proximate cause has been determined the damages can be calculated with consideration that the disease or issue was caused by the interference of the defendant.The defense against negligence is known as contributory negligence. This defense works by proving the plaintiff is also guilty of some type of negligence. In the case of the Alumina Company anywhere the influence over the environment might be considered immediate, a prevention and detection system should be put into place to be able to keep a close and constant inspection of all possible causes of contamination, instead of waiting for a report to be generated by the EPA.One of the most important government business regulations is environmental regulations. The regulation demands heavy investments in the industry to allow it to achieve the required compliance, w and still a minimum mistake could lead to a large penalty.Intentional infliction of emotional distress is a tort the plaintiff would need to prove where emotional distress was due to the actions of negligence that the defendant is accused of. "This tort will impose liability for conduct that goes beyond all bounds of decency and results in emotional distress in the harmed individual" (Jennings). In allegations that the company refuses to assume or face the damages they aggravate the situation greatly on the plaintiff's part. This tort will only be known after the suit has been filed for negligence.Defamation could also be filed against the plaintiff if...

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