Chat with us, powered by LiveChat Select two of the scenarios given below and explain the best solution to each. Include comments related to any ethical issues that arise. Support your responses with appropriate cases - Essayabode

Select two of the scenarios given below and explain the best solution to each. Include comments related to any ethical issues that arise. Support your responses with appropriate cases

Select two of the scenarios given below and explain the best solution to each. Include comments related to any ethical issues that arise. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.Important : make sure to show cite and reference all of the information that you provide.   . Example on cite and references is shown in attachment

 .  A tort is a legal proceeding in a civil court as opposed to a criminal court.  Torts are different from crimes in that crimes are normally brought or prosecuted by the state whereas a tort or civil case has a plaintiff and the defendant.  In a tort or civil case the only remedy that can be sought is money, unlike a criminal trial where we could be placed in jail if found guilty 

Scenario I—Torts and Product Liability

On his way home from work, Andy Earl stopped at Mad Beach Pub. After leaving the pub, Earl drove his car into a house at a speed of approximately 30 miles per hour. When the car struck the house, the passenger compartment collapsed and Earl was seriously injured. His blood alcohol content was 0.08%. The investigation also discovered that he had been texting at the time of the accident. Earl brought a strict product liability action against the car manufacturer on the grounds that the car was not crashworthy. He also filed suit against the pub for selling him the alcohol.

  • Summarize the statutes from your state related to driving under the influence (DUI) and texting while driving.
  • Provide the arguments that each party (Earl, the car manufacturer, and the pub) will make at trial.
  • Explain how the court should rule. Provide support for your decision.

Scenario II—Torts

After the extraction of two teeth, Yolanda’s dentist, Dr. Harris, wrote a prescription for pain medication and cautioned her not to drive or operate heavy machinery while taking the medication. Yolanda took the prescription to the drive-in window at the local Walgreens pharmacy. The pharmacy was busy and understaffed at the time, and the technician failed to include information about adverse reactions associated with taking the medication. Yolanda took a pill upon leaving the pharmacy and made another stop at the grocery store. After leaving the store, Yolanda failed to stop at a stop sign, and hit another car, injuring the driver of the other car and a passenger.

Using the textbook, the laws of Florida, and other scholarly sources, explain the potential lawsuits and the probable outcomes for the lawsuits filed by the injured driver against Yolanda, Dr. Harris, and Walgreens.

Scenario III—Employment

Little Rock Catering, located in western Arkansas, provides food for special events and wedding consulting services. The business is privately owned and has seven employees. Sam, a 45-year-old lesbian, applied for the position of event services coordinator and was denied the position. Sam was highly qualified, with 10 years of experience in event planning. Mary Beth, a 21-year-old recent college graduate and member of the owner's church, was hired.

Research the state laws on nondiscrimination in Arkansas and your state.

  • On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on sexual orientation discrimination?
  • On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on age discrimination?
  • Would the outcome of a lawsuit based on sexual orientation discrimination be different if the catering company was located in your state?

Scenario IV: Product Liability

Shenzhen Limited manufactures electric hair dryers.  Julie purchases a Shenzhen Limited dryer from her local Sally’s Beauty Supply.  Frances, a friend and guest in Julie’s home, has taken a shower and wants to dry her hair.  Julie tells Frances to use the new Shenzhen Limited hair dryer that she has just purchased.  As Frances plugs in the dryer, sparks fly out from the motor, and sparks continue to fly as she operates it.  Despite this, Frances begins drying her hair.  Suddenly, the entire dryer ignites into flames, severely burning Frances’ scalp.  Frances sues Shenzhen Limited on the basis of negligence and strict liability in tort.  Shenzhen Limited admits that the dryer was defective but denies liability, particularly because Frances was not the person who purchased the dryer.  In other words, Frances had no contractual relationship with Shenzhen Limited.

  • Discuss the validity of Shenzhen Limited’s defense. 
  • Are there any other defenses that Shenzhen Limited might assert to avoid liability?  Discuss fully

Quick example of good citation and referencing

Branching Paths: A Novel Teacher Evaluation Model for Faculty Development

 

According to Theall (2017), “Faculty evaluation and development cannot be considered separately… evaluation without development is punitive, and development without evaluation is guesswork” (p.91). As the practices that constitute modern programmatic faculty development have evolved from their humble beginnings to become a commonplace feature of university life (Lewis, 1996), a variety of tactics to evaluate the proficiency of teaching faculty for development purposes have likewise become commonplace. These include measures as diverse as peer observations, the development of teaching portfolios, and student evaluations.

 

One such measure, the student evaluation of teacher (SET), has been virtually ubiquitous since at least the 1990s (Wilson, 1998). Though records of SET-like instruments can be traced to work at Purdue University in the 1920s (Remmers & Brandenburg, 1927), most modern histories of faculty development suggest that their rise to widespread popularity went hand-in-hand with the birth of modern faculty development programs in the 1970s, when universities began to adopt them in response to student protest movements criticizing mainstream university curricula and approaches to instruction (Gaff & Simpson, 1994; Lewis, 1996; McKeachie, 1996). By the mid-2000s, researchers had begun to characterize SETs in terms like “…the predominant measure of university teacher performance […] worldwide” (Pounder, 2007, p. 178).

 

Today, SETs play an important role in teacher assessment and faculty development at most universities (Davis, 2009). Recent SET research practically takes the presence of some form of this assessment on most campuses as a given. Spooren et al. (2017), for instance, merely note that that SETs can be found at “almost every institution of higher education throughout the world” (p. 130). Similarly, Darwin (2012) refers to teacher evaluation as an established orthodoxy, labeling it a “venerated,”

References

Ambady, N., & Rosenthal, R. (1993). Half a minute: Predicting teacher evaluations from thin slices of nonverbal behavior and physical attractiveness. Journal of Personality and

Social Psychology, 64(3), 431–441. http://dx.doi.org/10.1037/0022-3514.64.3.431

American Association of University Professors. (n.d.). Background facts on contingent faculty positions. https://www.aaup.org/issues/contingency/background-facts

American Association of University Professors. (2018, October 11). Data snapshot: Contingent faculty in US higher ed. AAUP Updates. https://www.aaup.org/news/data-snapshot- contingent-faculty-us-higher-ed#.Xfpdmy2ZNR4

Anderson, K., & Miller, E. D. (1997). Gender and student evaluations of teaching. PS: Political

Science and Politics, 30(2), 216–219. https://doi.org/10.2307/420499

Armstrong, J. S. (1998). Are student ratings of instruction useful? American Psychologist,

53(11), 1223–1224. http://dx.doi.org/10.1037/0003-066X.53.11.1223

Attiyeh, R., & Lumsden, K. G. (1972). Some modern myths in teaching economics: The U.K.

experience. American Economic Review, 62(1), 429–443. https://www.jstor.org/stable/1821578

Bachen, C. M., McLoughlin, M. M., & Garcia, S. S. (1999). Assessing the role of gender in college students' evaluations of faculty. Communication Education, 48(3), 193–210.

http://doi.org/cqcgsr

Basow, S. A. (1995). Student evaluations of college professors: When gender matters. Journal of

Educational Psychology, 87(4), 656–665. http://dx.doi.org/10.1037/0022-0663.87.4.656

Becker, W. (2000). Teaching economics in the 21st century. Journal of Economic Perspectives,

14(1), 109–120. http://dx.doi.org/10.1257/jep.14.1.109

Benton, S., & Young, S. (2018). Best practices in the evaluation of teaching. Idea paper, 69.

Berk, R. A. (2005). Survey of 12 strategies to measure teaching effectiveness. International

Journal of Teaching and Learning in Higher Education, 17(1), 48–62.

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Agency and Employment Law.html

Agency and Employment Law

Title VII of the Civil Rights Act of 1964 prohibits discrimination against members of a protected class in employment decisions.  Title VII, judicial decisions, administrative agency actions, and other legislation restrict the ability of employers and unions to discriminate against workers on the basis of  race, color, religion, national origin, gender, age, or disability.  Recent issues requiring the attention of employers and their legal teams include employee surveillance, drug and genetic testing, and harassment based on sexual orientation. Whistleblower statutes prohibit retaliation against employees who complain to governmental agencies about the working conditions that may violate the law.

New doctrines have been developed by courts that limit an employer’s traditional right to discharge an employee for any reason.  Expect to see continued scrutiny of employer’s social media policies and electronic monitoring as these and other new forms of communication permeate the workplace.  Managers who fail to adopt and enforce policies to ensure compliance with these laws put their companies at risk of fines, other penalties and damage to the organization’s reputation.

With the increased use of personal electronic devices and social media, employees and employers face important questions concerning privacy.  Both parties often find gray areas when trying to determine their rights.  The evolving law in employee privacy can have a tremendous impact on employers and employees. 

To deepen your understanding of the concepts introduced in the lecture, consider reading some additional scholarly articles on this topic.  To get you started, review the following articles, available in the SUO Library.  These materials provide information that will assist you in completing assignments in this lesson.

  • Ciocchetti, C. (2011). The eavesdropping employer: A twenty-first century framework for employee monitoring. American Business Law Journal, 48(2), 285–369. doi:10.1111/j.1744-1714.2011.01116.x
  • Peerce, M. J., & Shapiro, D. V. (2010). The increasing privacy expectations in employees' personal email. Journal of Internet Law, 13(8), 1–21.
  • Riedy, M. K., & Wen, J. H. (2010). Electronic surveillance of Internet access in the American workplace: Implications for management. Information & Communications Technology Law, 19(1), 87–99. doi:10.1080/13600831003726374

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Product Liability.html

Product Liability

Product liability is incurred by manufacturers and sellers of products when product defects cause injury or property damage to consumers.  Product liability encompasses tort theories of negligence and strict liability, as well as breach of warranty.

Manufacturers can be liable for negligence in if they breach the duty of care in designing, manufacturing or providing adequate warnings for products.  Purchasers, users and bystanders are covered as long as they did not misuse the product and were not negligent.  

A manufacturer or seller is liable for breach of warranty if the quality, characteristics and safety of a product are not consistent with express or implied warranties.  Parties covered vary by state. 

Manufacturers, distributors and retailers may be liable for strict liability.  Strict liability elements require that the

  • product was defective when sold.
  • defendant is in the business of selling the product.
  • product must be unreasonably dangerous.
  • plaintiff must suffer physical harm to self or property.
  • defective condition is the proximate cause of the injury or damage.
  • goods must not have been changed substantially from time of sale to injury.

Product liability refers to the liability incurred by manufacturers and sellers of products when product defects cause injury or property damage to consumers, users, or bystanders. Product liability can encompass tort recovery theories of negligence and strict liability, as well as breach of warranty.

Let’s review a scenario to learn about various aspects of product liability.

Additional Materials

View the PDF transcript for Determining Product Liability

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Determining Product Liability

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Law and Ethics for Managers

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2 Determining Product Liability

Product Liability

Determining Product Liability Carlos purchases a television set manufactured by HiTech Electronics for his mother. A few days later, the television set explodes, causing considerable damage to her house. She sues HiTech Electronics for the damages the defective television set has caused. Question 1: Using which of the theories can Carlos’s mother recover her dues from HiTech Electronics? •Breach of warranty •Negligence Feedback for Breach of Warranty: That’s incorrect. A breach of warranty action is based on contract law. The contractual requirement of privity of contract necessitates that an injured person be in a contractual relationship with the seller in order to recover on a breach of warranty claim. Privity of contract specifically precludes recovery by a person not in privity with the seller. Feedback for Negligence: That’s correct. Negligence is the failure to exercise the degree of care that a reasonable, prudent person would have exercised under the circumstances. If a manufacturer fails to exercise due care to make a product safe, a person injured by the product can sue the manufacturer for negligence. Question 2: Carlos’s mother should highlight which of the following issues in order to prove the company’s negligence in her product liability case? •Duty of Care •Breach of Duty •Injury to the Plaintiff Feedback for Duty of Care: The defendant did not use reasonable care in designing or manufacturing its product or in providing adequate warnings. A manufacturer can be found negligent even if its product meets all regulatory requirements, because a reasonably prudent manufacturer would take additional precautions. Feedback for Breach of Duty: The defendant failed to comply with the duty to exercise reasonable care. The court considers the nature of the act (outrageous or commonplace), the manner in which the act was performed (cautiously versus heedlessly), and the nature of the injury

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Law and Ethics for Managers

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3 Determining Product Liability

Product Liability

(serious or slight) in determining whether the duty of care has been breached. Tort law measures duty by the reasonable-person standard. In determining whether the duty of care has been breached, the court asks how a reasonable person would have acted in the same circumstances. Feedback for Injury to the Plaintiff: The defendant failed in the duty of care, and the plaintiff suffered an injury as a result of the breach. In deciding whether there is causation, the court must address whether there is an actual causation and whether the act was the proximate cause of the injury. Courts use foreseeability as the test for proximate cause. Question 3: Does privity of contract apply to negligence actions in product liability cases? •Yes •No Feedback for Yes: That’s incorrect. A manufacturer is liable for the failure to exercise due care to any person who sustains an injury proximately caused by a negligently made (defective) product, regardless of whether the injured person is in privity of contract with the negligent manufacturer. Feedback for No: That’s correct. A manufacturer is liable for its failure to exercise due care to any person who sustains an injury proximately caused by a negligently made (defective) product, regardless of whether the injured person is in privity of contract with the negligent manufacturer.

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Torts and Crimes.html

Torts and Crimes

A tort is a wrong committed against an individual.  Tort law provides a mechanism to compensate injured parties who suffer a loss as a result of the wrongful actions of another party. 

Torts are often associated with physical injuries, such as those suffered by a person in a car accident.  A business tort is defined as wrongful interference with another’s business rights and.  include concepts such as unfair competition and wrongful interference contractual relationships.

Negligence is an unintentional tort that occurs when someone suffers an injury because of the failure of another party to comply with a legal duty.  To succeed in a negligence lawsuit, the plaintiff must prove all four elements of duty, breach, causation and damages. 

A crime is a wrong committed against society.  Criminal charges are prosecuted by the state or the federal government, not the party that was wronged.  Criminal law is a powerful tool for controlling corporate behavior and encouraging ethical conduct.  Crimes generally occurring in business situations are called white-collar crimes.

Primary areas of concern for managers include:

  • Embezzlement
  • Bribery
  • Securities fraud
  • Violation of intellectual property rights
  • Insider trading

Torts are civil wrongs that result in a breach of a legal duty and causes harm to another.  There are two types of torts, intentional and unintentional.  An injury or loss is considered an intentional tort if the act was intentional, such as hitting someone with a baseball bat.  Injury or loss is considered unintentional or negligent if the act was the result of carelessness such as bumping into someone in a crowd and causing them to fall.  

Additional Materials

View the PDF transcript for Intentional Torts and Negligence

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Intentional Torts

and Negligence

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Law and Ethics for Managers

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2 Intentional Torts and Negligence

Torts and Crimes

 Tort Elements

 Act

 Intended Consequences

 Causation

 Damages

 Torts to Persons

 Battery

 Assault

 False Imprisonment

 Intentional Infliction of Emotional Distress

 Torts to Property

 Trespass to Land

 Trespass to Personal Property

 Disparagement of Property

 Defenses

 Consent

 Self Defense

 Defense of Others

 Defense of Property

 Necessity

 Business Torts

 Wrongful Interference with Contractual Relationship

 Wrongful Interference with a Business Relationship

 Other Torts

 Defamation

 Invasion of Privacy

 Misrepresentation

 Cyber

 Elements of Negligence

 Duty

 Breach of Duty

 Causation

 Damages

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