'Business Regulation Law\r'

'When conducting rail line whether it is local and global, big or scummy compositions digest to abide by severalise and federal official laws. Depending on the nature of the business different organization has to stick to with certain laws and regulations. For example, retailers like Wal-Mart, Target and Kroger sport to comply with the Department of Labor and a manuf douring corporation like LM Fiberglass and Toyota would have to comply with the Environmental tribute Agency and Occupational sentry duty and Health Administration (OSHA).\r\nWhen an organization do non comply with the state and federal regulation the order mass face fines or become caught up in major(ip) litigation, hailing the partnership major expenses. In this memo I will grade common civil wrong and risk found in the organization of alumina, and describe different measures to manage risk. well-nigh common torts found at alumina be negligence, defamation/slander/libel, immunity of Information dress (FOIA), and exact liability is tort liabilities uncovered. alumina infraction Alumina is an aluminum maker base in the United States and has operation in eight countries.\r\nThe aluminum maker is on Lake Dira in the state of Erehwon. Alumina is nether the jurisdiction of region six under the Environmental Protection Agency. A few years ago Alumina was found in impact with the Environmental Protection Agency for environmental loose norms in an Environmental Protection Agency residency evaluation. The PAH levels were above prescribe limits. Alumina was order to foot up the problem in which they complied too quickly. Because of this accident Alumina has maintain a good conformation record.\r\nRecently a resident name Kelly Bates claims that Alumina continuous contamination of Lake Dira with pollutants. Bates threatens to file a instance against the company for punitive damages and recovery damages. She believes that the hap that occurred several years ago is the ca use of her fille’s leukemia. Tort Liability A tort is a â€Å"civil wrong that is an interference with individual’s person or property such that an injury results” (Jennings, 2006, p. 367). Torts can be categorized as intentional torts, torts of negligence, and strict liability torts.\r\nIntentional torts are those that result in a harm not accidental. Torts of negligence are accidental harms that result from a failure to act appropriately in a given stain. morose liability torts assign compulsory liability and offer very few defenses. opprobrium of Character A company or a person reputation is a valuable asset. The tort of defamation of character requires that a plaintiff boot out that: the suspect made an untrue statement virtually the plaintiff or the statement was intentionally make by a ordinal party (Cheeseman, 2010).\r\n indite False statements are referred to as libel and communicative statement are referred to as slander. Bates made a libel statement in the intelligence servicepaper some Alumina and the violation that occurred years ago. This defamation can have a negative effect on the company. Alumina can lose business with a bad reputation and once the reputation has kaput(p) sour it is big(a) to reclaim the good name. Freedom of Information Act A local news reporter and Kelly Bates cominged the EPA to obtain environmental audit reports that attested Alumina violation of the Clean Water Act.\r\nBates bespeak the documents under the Freedom of Information Act; this act was enacted in Congress in 1966 to the American humans great access to the Federal Government records (Federal parley Commission, 2010) . The Company chooses to release partial audit reading from the violation from years ago. Alumina has the right to restrain informational this qualifies under the Confidential Business Information, which is available under exemption four of the Freedom of information Act. Strict liability Negligence and Str ict liability\r\nNegligence, the most common tort, is explained as conduct that falls down the stairs standards of behavior established by the law for the testimonial others against unreasonable risk harm (Cheeseman, 2010). In this scale of negligence Bates must prove that Alumina had a duty to keep the PAH levels contained. In a illustration Alumina breaches that duty by not staying in compliance with the EPA regulation several years ago. Bates assumes that the inlet of the water cause the harm of her young woman to have leukemia. In response Alumina chose to conduct an free-lance site study for new violations.\r\nThe reports come tush good the PAH levels were well below the standard. After let go of a partial audit report Bates has threaten to file a lawsuit against Alumina of personalised injury to recover compensation and punitive damages. Alumina negligent conduct of â€Å"serious violation of environmental laws five years ago is the cause of her fille leukemia,â₠¬Â alleged by Bates (Business Regulations Simulation, 2010). The best resolution for this situation is mediation by a neutral third party, by choosing this options Alumina can provide Bates with a confidential settlement.\r\nThe settlement includes that Alumina provides Bates with reimbursement of medical expenses for her daughter treatment a lump sum for futurity treatments and a college fund set aside if her daughters recovers from the leukemia (Business Regulations Simulation, 2010). Although tort liability is founded on intended harm strict liability is attached in time though the defendant has been reasonable. In the Article titled â€Å" The American bewitch on Canadian Tort Law” fountain Allen M. Linden states â€Å" One person may be require to compensate another for injury or damages even though the loss was incomplete intentionally or negligently inflicted.\r\nIf Alumina had taken the case to court, the company would have been in a long litigation process co sting the company thousands and even millions of dollar. The mediation process is half the cost of a court trial and there is no guarantee that the jury would agree with Alumina even though the company may have had conclusion that the allegation against the company was false. The jury tends to side with the victims. Preventative, Detective, and tonic Measures In an organization it will be hard to prevent allegation against the company, but the company take to prepare for such issues when they arise.\r\nA preventative cast should be put into place. The company should make it a priority that the employees of the company aware of the rules and regulations of the state and federal laws. The company should be aware of the competitors who have violate any government regulations and cleanse their process so that the company will not violate the like regulations as the competition. Health risk that may be exposes to the staff, customers, and other should be included in the document a lso. Conclusion Alumina has to abide by state and federal rules these laws are in place to improve environmental safety.\r\nThe agency that regulates Alumina was the Environmental Protection Agency this agency enforces environmental laws. Alumina has to be aware and comply with the state and federal regulations at all-time or it can affect the business a great deal. Maintaining a positive run into in the familiarity is also important when a crisis occurs the support of the community can be a big help in determine issues. The decision mage by Alumina were wise, the company took the right approach to maintain its good name in the community and the competitive market and save cost on litigation.\r\n'