Business Regulation Law

When an organization do not comply with the state and federal regulation the company can face fines or become caught up in major litigation, costing the company major expenses. In this memo I will identify common tort and risk found 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 Information Act (FOIA), and strict liability is tort liabilities uncovered. Alumina Violation Alumina 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 under the jurisdiction of region six under the Environmental Protection Agency. A few years ago Alumina was found in violation with the Environmental Protection Agency for environmental discharge norms in an Environmental Protection Agency compliance 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 incident 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 years ago is the cause of her daughter’s leukemia. Tort Liability A tort is a â€Å"civil wrong that is an interference with someone’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. Intentional 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 situation. Strict liability torts assign absolute liability and offer very few defenses. Defamation of Character A company or a person reputation is a valuable asset. The tort of defamation of character requires that a plaintiff prove that: the defendant made an untrue statement about the plaintiff or the statement was intentionally published by a third party (Cheeseman, 2010). Written False statements are referred to as libel and verbal statement are referred to as slander. Bates made a libel statement in the newspaper about 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 gone sour it is hard to reclaim the good name. Freedom of Information Act A local news reporter and Kelly Bates approached the EPA to obtain environmental audit 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 Communication 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 available under exemption four of the Freedom of information Act. Strict liability Negligence and Strict liability Negligence, the most common tort, is explained as conduct that falls below standards of behavior established by the law for the protection 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 well 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 â€Å"serious 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 provide Bates with a confidential settlement. The settlement includes that Alumina provides Bates with reimbursement of medical expenses for her daughter treatment 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 Article titled â€Å" The American Influence on Canadian Tort Law† author Allen M. Linden states â€Å" One person may be require to compensate another for injury or damages even though the loss was neither intentionally or negligently inflicted. If Alumina had taken 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 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 proof that the allegation against the company was false. The jury tends to side with the victims. Preventative, Detective, and Corrective 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 preventative plan 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 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 positive image in the community 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. Business Regulation Law When an organization do not comply with the state and federal regulation the company can face fines or become caught up in major litigation, costing the company major expenses. In this memo I will identify common tort and risk found 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 Information Act (FOIA), and strict liability is tort liabilities uncovered. Alumina Violation Alumina 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 under the jurisdiction of region six under the Environmental Protection Agency. A few years ago Alumina was found in violation with the Environmental Protection Agency for environmental discharge norms in an Environmental Protection Agency compliance 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 incident 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 years ago is the cause of her daughter’s leukemia. Tort Liability A tort is a â€Å"civil wrong that is an interference with someone’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. Intentional 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 situation. Strict liability torts assign absolute liability and offer very few defenses. Defamation of Character A company or a person reputation is a valuable asset. The tort of defamation of character requires that a plaintiff prove that: the defendant made an untrue statement about the plaintiff or the statement was intentionally published by a third party (Cheeseman, 2010). Written False statements are referred to as libel and verbal statement are referred to as slander. Bates made a libel statement in the newspaper about 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 gone sour it is hard to reclaim the good name. Freedom of Information Act A local news reporter and Kelly Bates approached the EPA to obtain environmental audit 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 Communication 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 available under exemption four of the Freedom of information Act. Strict liability Negligence and Strict liability Negligence, the most common tort, is explained as conduct that falls below standards of behavior established by the law for the protection 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 well 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 â€Å"serious 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 provide Bates with a confidential settlement. The settlement includes that Alumina provides Bates with reimbursement of medical expenses for her daughter treatment 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 Article titled â€Å" The American Influence on Canadian Tort Law† author Allen M. Linden states â€Å" One person may be require to compensate another for injury or damages even though the loss was neither intentionally or negligently inflicted. If Alumina had taken 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 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 proof that the allegation against the company was false. The jury tends to side with the victims. Preventative, Detective, and Corrective 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 preventative plan 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 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 positive image in the community 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.

Econometrics Essay Example | Topics and Well Written Essays - 2000 words - 2

Econometrics - Essay Example velopment to fulfill international expectations, high excellent of job and items, up-to-date engineering, consumer as well as environmental responsibility and robust networks in conducting company operations. More importantly, the competition of Thai market, particularly SMEs, has usually relied in low-cost job and normal resource advantages as opposed to technological capability or qualified human investment capital. Many models of growth along with development suppose that end result is generated with a two component, CobbDouglas specification for your aggregate production function using physical capital and work or Man capital adjusted labor helping as inputs. The CobbDouglas specification could be the only linearly homogenous production function that has a constant elasticity of substitution in which each factor’s Share of income is constant over time. Since this latter implication with the CobbDouglas specs is considered consistent with among stylized information of development, that this shares involving income accruing to help capital along with labor are relatively constant over time most researchers have not questioned the application of a CobbDouglas production function to check questions involving growth along with development. The linear homogeneity along with constant elasticity of alternative properties with the CobbDouglas specification also can explain this popularity with this functional style (Duffy & Papageorgiou 2000, p. 1). In all forms of production of one good with multiple factors, the formulation is presented as. Y represents the total production, L represents labor input, K represents the capital input, and A represents the total output by the factory. Regression evaluation generates the equation to spell it out the statistical relationship between more than one predictor variables along with the response varying. The p-value for every term checks the null hypothesis, which the coefficient is equal to zero (no effect). A low p-value

Research question and case study Annotated Bibliography

Research question and case study - Annotated Bibliography Example This loss of demand for the products traded in by the retail company happens to render large amounts of impact on the productivity and revenue patterns of the concern. Thus the retail companies to sustain their enhanced market share and profitability in the global market must strongly work to reduce the amount of lead times involved. Retail companies that mainly focus on the trading of fashionable garments and merchandises along with toys and technological products generally tend to suffer from the pitfalls of an ineffective supply chain system. Increasing lead times in the supply chain systems of such retail concerns leads to the unavailability of the right merchandise at the right season or time thereby contributing to loss of sales. It is therefore required for the retail organizations to arrange for the merchandises specifically during the peak seasons to meet customer satisfaction and thereby gain in sale revenues. Again the increase in the lead times for such retail companies a lso amounts to piling up of unused or unsold merchandises in retail warehouses that in turn locks a considerable amount of working capital for the concern (Bakal and Geunes, 2010, p.2395-2396). The paper relating to the above fact tends to focus on cases where the retail business organizations have taken resort to technological and process innovations to help in reducing the amount of lead time involved. Fashion retail companies like Zara belonging to the Inditex group are found to take resort to process innovations in its retail operations to contribute in the reduction of lead times. The retail company is observed to suffer from the loss of sales owing to the emergence of assorted sizes pertaining to garments in their different stores. In that the fashion retail company required the store managers of different operating stores to render individual