Business Regulation Law

When bringing business whether it is local anaesthetic and global, big or small organizations necessitate to abide by verbalise and federal laws. Depending on the nature of the business different organization has to survey with certain laws and statutes. For example, retailers like Wal-Mart, Target and Kroger have to come after with the Department of grok and a manufacturing company like LM Fiberglass and Toyota would have to comply with the Environmental guard Agency and Occupational Safety and health boldness (OSHA).When an organization do not comply with the state and federal regulation the company open fire face fines or become caught up in major litigation, costing the company major expenses. In this memo I will identify common tort and risk lay out in the organization of alumina, and describe different measures to manage risk. Some common torts found at alumina are negligence, defamation/slander/libel, Freedom of data make out (FOIA), and unforgiving liab ility is tort liabilities uncovered. aluminium oxide Violation aluminium oxide is an aluminum maker base in the United States and has operation in eight countries.The aluminum maker is on Lake Dira in the state of Erehwon. Alumina is on a lower floor the jurisdiction of region six under the Environmental Protection Agency. A few eld ago Alumina was found in violation with the Environmental Protection Agency for environmental discharge norms in an Environmental Protection Agency respectfulness evaluation. The PAH levels were above prescribe limits. Alumina was order to clean up the problem in which they complied too quickly. Because of this sequent Alumina has maintain a good compliance record.Recently a resident name Kelly Bates claims that Alumina continuous contamination of Lake Dira with pollutants. Bates threatens to file a suit against the company for punitive damages and recovery damages. She believes that the incident that occurred several(prenominal) years ago is the c ause of her missys leukemia. Tort financial obligation A tort is a civil wrong that is an interference with individuals person or property such that an harm results (Jennings, 2006, p. 367). Torts can be categorized as intentional torts, torts of negligence, and strict liability torts. wise(p) torts are those that result in a revile not accidental. Torts of negligence are accidental harms that result from a failure to act fittingly in a given situation. Strict liability torts assign inviolable liability and offer very few defenses. Defamation of Character A company or a person reputation is a important as primed(p). The tort of defamation of character ingests that a plaintiff prove that the defendant made an untrue didactics about the plaintiff or the statement was intentionally published by a third party (Cheeseman, 2010). create verbally False statements are referred to as libel and verbal statement are referred to as slander. Bates made a libel statement in the trace about Alumina and the violation that occurred years ago. This defamation can have a negative effect on the company. Alumina can fall behind business with a bad reputation and once the reputation has bygone sour it is hard to reclaim the good name. Freedom of Information Act A local news reporter and Kelly Bates flacked the EPA to obtain environmental take stock reports that documented Alumina violation of the Clean Water Act.Bates requested the documents under the Freedom of Information Act this act was enacted in Congress in 1966 to the American public great access to the Federal Government records (Federal conference Commission, 2010) . The Company chooses to release partial audit information from the violation from years ago. Alumina has the right to withhold informational this qualifies under the Confidential Business Information, which is operable under exemption four of the Freedom of information Act. Strict liability Negligence and Strict liabilityNegligence, the most common tort, is explained as conduct that falls below standards of behavior established by the law for the rampart others against unreasonable risk harm (Cheeseman, 2010). In this case of negligence Bates must prove that Alumina had a duty to keep the PAH levels contained. In a case Alumina breaches that duty by not staying in compliance with the EPA regulation several years ago. Bates assumes that the consumption of the water cause the harm of her daughter to have leukemia. In response Alumina chose to conduct an independent site study for new violations.The reports come back good the PAH levels were soundly below the standard. After releasing a partial audit report Bates has threaten to file a lawsuit against Alumina of personal injury to recover compensation and punitive damages. Alumina negligent conduct of sound violation of environmental laws five years ago is the cause of her daughter leukemia, 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 lead Bates with a confidential settlement.The settlement includes that Alumina provides Bates with reimbursement of medical expenses for her daughter intercession a lump sum for future 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 even though the defendant has been reasonable. In the name titled The American Influence on Canadian Tort natural law author Allen M. Linden states One person whitethorn be require to compensate another for injury or damages even though the loss was neither intentionally or negligently inflicted.If Alumina had interpreted the case to court, the company would have been in a long litigation process costing the company thousands and even millions of dollar. The mediation process is fractional the cost of a court trial and there is no take in charge that the jury would agree with Alumina even though the company may have had proof that the allegement against the company was false. The jury tends to side with the victims. Preventative, Detective, and disciplinal Measures In an organization it will be hard to prevent allegation against the company, but the company needs to prepare for such issues when they arise.A prophylactic device plan should be put into place. The company should make it a antecedence that the employees of the company informed of the rules and regulations of the state and federal laws. The company should be aware of the competitors who have violated any government regulations and improve their process so that the company will not violate the same regulations as the competition. Health risk that may be exposes to the staff, customers, and other should be included in the document also. Conclusion Alumina has to abide by state and federal rules these laws are in place to improve environmental safety.The 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 irresponsible image in the community is also important when a crisis occurs the subscribe to 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.