Legal Memorandum

docx

School

Kenyatta University *

*We aren’t endorsed by this school

Course

2021

Subject

Business

Date

Nov 24, 2024

Type

docx

Pages

Uploaded by MegaPorcupine4073

1 Legal Memorandum Annetteh Silva BUS 20068 SNHU January 25, 2024

2 TO: John and Ann Applewood FROM: Annetteh Silva DATE : January 25, 2024 RE: Mountain Top View Inc. Case Legal Issue: Tort Law A tort is typically characterized as a legal wrongdoing for which the law offers a solution, usually in the form of financial compensation (Mayer, Et Al., 2012). Within the legal system, there exist three types of torts: intentional torts, negligent torts, and strict liability torts. Mountain Top View Inc. is particularly interested in the regulations about product liability. This particular form of strict liability tort does not necessitate either intent or a violation of the standard of care. Furthermore, according to Mayer et al. (2012), if strict responsibility is applicable in a certain case and someone is hurt, then the defendant is legally responsible. An argument in favor of a strict liability tort defense is to contend that the plaintiff's actions, rather than the product itself, caused the defect, and so no assumption of fault should be made purely based on the occurrence of an accident (Learning, n.d.). The tort of negligence refers to the violation of the duty, as defined by state tort law, for individuals to behave appropriately and exercise a reasonable level of care in their contact with others. Mountain Top View Inc. may also be exposed to this legal liability. Negligence is the act of failing to fulfill a responsibility, resulting in harm or injury. To establish a claim of negligence, the plaintiff must demonstrate that the defendant had a legal obligation to

3 exercise reasonable care towards them (Lau and Johnson, 2017). Following the filing of the lawsuit, it is advisable for Mountain Top View Inc. to initiate a voluntary recall of the concerned equipment to eliminate the possibility of other instances of carelessness. Torts are classified as civil cases inside the legal system. If the plaintiff prevails in the lawsuit, damages are granted as reparation for a detriment or harm (Learning, n.d.). Mountain View should also prioritize its data privacy practices, in addition to product liability. Although there are no existing Federal regulations regarding data breaches, each State has its own distinct rules that stipulate the specific time limitations within which those affected by the breach must be notified. Failure by John and the company to notify the individuals impacted by the data breach may result in their legal responsibility for financial losses and further sanctions (Harrah, 2020). Criminal Law In contrast to civil actions, criminal lawsuits involve the participation of a governmental entity, as a criminal offense entails harm inflicted upon society. Various forms of criminal offenses can be classified into two distinct levels of seriousness: felonies and misdemeanors (Mayer, et al., 2012). Aside from monetary compensation, these cases can also result in imprisonment. Mountain Top View Inc. is particularly interested in insider trading, which refers to the illegal practice of trading securities by individuals who have access to privileged information about a company's financial condition or plans. Insider trading is considered a serious felony (Mayer, et al., 2012). Steve's possession of privileged information on the confidential merger and his exploitation of this information for personal financial benefit exemplify the act of insider trading. Ethical Issue The development of technology has necessitated the consideration of data ethics, which involves examining the ethical difficulties that arise from the exchange of privacy for ease in business (Brusseau, 2018). The unauthorized access to the client database led to a violation of Mountain Top View's customers' anticipated privacy. Although not subject to legal sanctions, the corporation still faces ethical concerns. Deliberately concealing potentially detrimental facts from its customers would only exacerbate the harm inflicted on the organization. To guarantee the safety of future customers, it is imperative to implement new data protection measures. It is imperative to conduct a thorough analysis of the attack to uncover any existing vulnerabilities. Furthermore, if any inadequate administration is discovered to be a

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

4 contributing factor, John and Ann will be required to confront the issue with their newly appointed Chief Information Officer, Steve. Various ethical theories can be employed to uncover potential deficiencies in the existing ethical practices. Utilitarianism and Josephson's basic values are two prominent theories. Utilitarianism is a moral theory that states that the morally correct action is the one that generates the maximum benefit for society as a whole. When applying the utilitarian ethical theory, it is crucial to recognize that the question of "What is the greatest benefit for myself or the company?" does not align with the theory. Utilitarianism focuses solely on maximizing total welfare (Mayer, et al., 2017). Although this theory might offer guidance in decision- making, it can be challenging to perceive all the potential alternatives it presents. Moreover, companies may find it difficult to refrain from equating all values with monetary worth (Mayer, et al., 2017). Michael Josephson's ethical theory, based on basic principles and a decision process, offers a framework and direction for making ethical decisions. According to this idea, there are six fundamental ethical values: trustworthiness, respect, accountability, fairness, caring, and citizenship (Mayer, et al., 2017). When confronted with an ethical dilemma, Josephson initiates his decision-making process by acquiring knowledge through a series of inquiries in order to comprehensively grasp all the relevant facts (Mayer, et al. 2017). The theory poses the following questions: Which individuals or groups stand to benefit or suffer as a result of this decision? What possible choices could be determined? What impact would each decision have on the stakeholders? Which decision aligns more closely with the fundamental principles and beliefs? Josephson suggests that the decision with the most fundamental principles should be selected. If no solution possesses a superior magnitude of values, the decision that maximizes the overall benefit for the diverse stakeholders should be selected (Mayer, et al., 2017). Recommendation Although not widely recognized, corporations may have obligations that extend beyond profit generation and encompass responsibilities associated with their role in society, referred to as corporate social responsibility. Mountain Top View Inc. could enhance its operations by adopting the stakeholder idea of social responsibility. This idea considers both individuals and groups who will be impacted by the company's actions. According to Brusseau (2018), stakeholder theory asserts that individuals who are affected by a corporation have both the

5 entitlement and responsibility to be involved in its management and decision-making processes. The five primary stakeholders are: shareholders, employees, customers, suppliers, and community. Stakeholder ethics is to achieve a harmonious equilibrium among the many stakeholders and optimize the overall benefits in the medium and long term (Brusseau, 2018). Consulting all stakeholders before making any decision will guarantee fair representation and careful consideration of each party's perspective. References Brusseau, J. (2018). The Business Ethics Workshop. Boston, MA:FlatWorld Lau, T. and Johnson, Lisa. (2017). The Legal and Ethical Environment of Business. Boston, MA: FlatWorld Learning, L. (n.d.). Introduction to Business [Deprecated]. Retrieved December 14, 2020, from https://courses.lumenlearning.com/wmopen-introbusiness/chapter/tort-law- liability-and- damages/ Mayer, D., Warner, D., Siedel, G., and Lieberman, J.K.. (2012). The Legal Environment of Business. Boston, MA: FlatWorld Mayer, D., Warner, D., Siedel, G., and Lieberman, J.K.. (2017). Business Law and the Legal Environment. Boston, MA: FlatWorld

Related Documents

MANU9DA BusinessAnalyticsReportTemplate.docx

Case Paper 4.docx

Order 010555, Strategic Plan Part II SWOTT Analysis D1.doc

Report 1 72.docx

Patton Case Study.docx

RBT_2Marta_Nastasi (new ).docx

Final Milestone-19.pdf

BOGDAN ADRIAN COSTACHE PRESENTATION (new).pptx

Introduction to Business.pptx

BSBCRT611 Student Assessment Tasks.docx

Assessment 1 Process Improvement Plan for Wild Dog Coffee.docx

65.pdf

Recommended textbooks for you

BUSN 11 Introduction to Business Student Edition

Business

ISBN:9781337407137

Author:Kelly

Publisher:Cengage Learning

Essentials of Business Communication (MindTap Cou...

Business

ISBN:9781337386494

Author:Mary Ellen Guffey, Dana Loewy

Publisher:Cengage Learning

Accounting Information Systems (14th Edition)

Business

ISBN:9780134474021

Author:Marshall B. Romney, Paul J. Steinbart

Publisher:PEARSON

Introduction to Business

Business

ISBN:9781947172548

Author:OpenStax

Publisher:OpenStax College

International Business: Competing in the Global M...

Business

ISBN:9781259929441

Author:Charles W. L. Hill Dr, G. Tomas M. Hult

Publisher:McGraw-Hill Education

Bcom

Business

ISBN:9780357026595

Author:LEHMAN, Carol M.

Publisher:Cengage Learning,

SEE MORE TEXTBOOKS

Recommended textbooks for you

BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
Introduction to Business
Business
ISBN:9781947172548
Author:OpenStax
Publisher:OpenStax College
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education
Bcom
Business
ISBN:9780357026595
Author:LEHMAN, Carol M.
Publisher:Cengage Learning,