Business’ Liability for Crimes and Torts
Answer 2 discussion questions 250 words
o Discussion Question 1: After reading Exodus 20:1-17, with particular emphasis on verses 15-16, discuss the types of business crimes (pages 241, and 252-259 of the text), a business’ liability for crimes committed by a business and/or its employees, and the application of biblical principles to crime and liability.
o Discussion Question 2: Identify the legal concept of negligence and discuss the elements necessary to establish a negligence cause of action as discussed on pages 289-299 of the text. Be sure to pay particular attention to the issues of causation, foreseeability, proximate cause and the defenses one may have to a negligence lawsuit.
Types of business crimes: There are various crimes that a business can commit against another corporation. Examples are “Kickbacks” (bribery of exchanging something of value for a favor), “Anti-trust violation” (violates the regulations, laws and decisions of courts to govern the competition in the business environment), “securities fraud” and obstructions (Jennings, 2015).
Business liability for crime: The important factor to grounding liability to business crime is demonstrating personal knowledge of wrongdoing. It extends from those who committed the crime to the managers at the firm if they authorized the act, knew about it about it but failed to act responsibly, to people who in any way got involved.
Application of biblical principles to crime and liability: Bribery is a form of kickbacks since something of value is promised/given to sway views. Similarly, a security violation is against the principle of Exodus 20:16 by delivering false information.
The legal concept of negligence: In legal terms, negligence places liability on businesses for being careless. The elements to establish a negligent action are:
Duty: Imposes on the level of care by ordinary and reasonable prudent person standard on businesses or its employees.
Breach of duty: Verifies if the defendant fell short of the level care which an ordinary and sensible person would take.
Cause in Fact: The plaintiff must prove that the defendant’s action caused the plaintiff’s injury.
Proximate Cause: Relates to the defendant’s scope of responsibility in the case of negligence. The responsibility is to the extent that the defendant could have foreseen the harm by action/inaction.
Contributory negligence: where the negligence of the plaintiff is part of a cause of the accident.
Comparative negligence uses the injury to determine the extent to which plaintiff and defendant contributed. Award to parties depends on contribution level
The assumption of risks: the defendant proves the plaintiff was aware of the potential risk of damage in his/her action, but the defendant did not care.
Bottom of Form
Lewis, J. P. (1991). The English Bible, from KJV to NIV: A History and Evaluation. Baker Publishing Group.
Jennings, M. (2015). Business: Its Ethical, Legal, and Global Environment. (10th Ed.) Mason, OH: South-Western Cengage Learning ISBN: 9781285428260