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Business Regulation Essay

2038 words - 8 pages

Tort can be defined as "a wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction" (tort, 2009). Another author states: "Therefore, to avoid tort and product liability, and litigation the business involved must understand what it actually means. Many organizations contend with tort liability and management in the day-to-day business. The proper management and preventive measures to limit the organizations exposure tort liability has become a key to effective operating a business" (Recognizing And Minimizing, n.d.). This paper will give a brief summary of the Alumina simulation. This paper will also identify regulatory and tort risks and how to manage them. Finally, this paper will describe the prevention, detection, and corrective measures for each liability.Simulation SummaryThe simulation begins with a brief discussion of the Exxon Valdez oil spill in the Alaskan waters, which destroyed the coastline. Not only was the coastline destroyed but also several other aspects of the life in these waters were affected. A major source of income was destroyed along with the fishing industry. The oil spill killed and maimed other animals living in the waters as well. This story set the stage for the accusations that Environmental violations were also made by Alumina, Inc. According to accusations made by Kelly Bates Alumina's pollution of Lake Dira caused her daughter to be diagnosed with leukemia. As we continue to move through the simulation we are, giving different scenarios that Alumina has faced in trying to prove that these accusations are untrue.One author states: "The tort of defamation is an example of a personal tort because itinvolves publishing untrue statements about a person, resulting in harm to that person" (defamation, 2009). Oral or spoken defamation, or libel can occur in a unwritten or written statement, which is the case in Ms. Bates accusations. Alumina must to prove that these accusations are in fact defamation, but how does Alumina attempt to identify whether the information presented is untrue. Working through the simulation, there are numerous aspects connecting this case. Some of the board members would like to investigate Ms. Bates to see if she has made other false accusation, for example, maybe she made related attacks on other organizations. As the board members assess this tactic, they realize this will only make them look like an unethical company further compounding their legal issues (Recognizing And Minimizing, n.d.).Regulatory Risks IdentifiedAccording to one bibliographer "negligence Tort of accidental wrong committed byoversight or failure to take precautions or corrective action" (Jennings, 2006, p. G-14). Thefollowing are regulatory risk that team B identified:•Negligence Tort: An oil spill in Alaskan waters destroyed coastline, fish, animals, and the fishing industry.•Negligence Tort: Environmental violation five years ago by Alumina polluted...

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