PMAL 303 UNIT 05

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School

Algoma University *

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303

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Business

Date

Feb 20, 2024

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docx

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Uploaded by SuperHumanMoon11495

NAME- KASHISH SHARMA STUDENT ID- 239674640 PROFESSOR- RICHARD OBENG PMAL 303- BUSINESS LAW

1. Fiduciary Duty and Catori’s Responsibilities: Catori, as Larry's broad assistant, owed him a fiduciary duty, which is a legal requirement to behave in her employer's most beneficial interests. This duty includes trust, commitment, and confidentiality. While fiduciary duties do not always correspond to the responsibilities of diligence observed in business relationships, Catori's conduct in altering the company's financial affairs violates her fiduciary obligation. Although her expertise in accounting, she cannot be classified purely as an accountant because her primary responsibility is not that of an accredited accountant. Catori's violation of his fiduciary duty is comparable to the scenario of Bristol and West Building Society v. Mothew (1998) when a solicitor was held for having violated his fiduciary responsibility by intervening in a conflict of interest (Lancaster University, n. d). 2. Contributory Negligence and Meaghan’s Liability: Meaghan's probable responsibility in the vehicle accident may be impacted by contributory negligence, that relates to the plaintiff's involvement in their injuries. In Meaghan's situation, failure to properly protect her infant could be considered contributing to negligence. To defend her own, Meaghan could use the theory of comparative negligence, alleging that Catori's failure to have coverage and Chirag's activities contributed considerably to the accident, thereby reducing her liability. A significant case is Li v. Yellow Cab Co. (2018), in which comparative negligence concepts were used to reduce the plaintiff's compensation due to their own misconduct (Criddle, n. d). 3. Road Laws, Regulations, and Determined Liability:

Road rules and guidelines play an important role in deciding responsibility in accidents. These laws define driving regulations. In this case, Meaghan's refusal to fasten her child breaches child-proof seat rules, rendering her partly responsible for Sam's injuries. Analysing Smith v. Johnson (2020), a comparable instance, can shed light on how traffic laws are used to assess liability, emphasizing the significance of following safety requirements (Old school, n. d). 4. Employee Confidentiality and Catori’s Negligence: Catori's loss of her cell phone, which contained confidential data, raises questions about her irresponsibility. As a staff member, she has a responsibility to protect private information. If her negligence resulted in the leaking of sensitive data, she may be held accountable. In a similar case, Doe v. Corporation X (2019), a worker's neglect to adequately protect the company's information led to a security breach (Wang, 2020). Conclusion: In this complicated legal scenario, Catori's breach of fiduciary duty, Meaghan's contributing carelessness, the implementation of traffic regulations, and Catori's failure to protect confidential data demonstrate the intricate details of corporate practice. Understanding these components is critical for legal experts, employers, and employees to negotiate the complex web of duties and obligations in the business sector. Reference- Lancaster University . research.lancs.ac.uk. (n.d.). http://www.research.lancs.ac.uk/portal/en/publications/what-is-the-purpose-of-the- ongoing-use-of-fiduciary-duties-in-english-business-law-with-particular-reference-to- breaches-of-duty-in-relation-to-bribery-secret-profits-conflicts-of-interest-and- unconscionability(a3d188b2-0c30-4b77-a69e-3c80d3b7e0c9)/export.html Criddle, E. J., Miller, P. B., & Sitkoff, R. H. (n.d.). The Oxford Handbook of Fiduciary Law . NDL Scholarship. https://scholarship.law.nd.edu/law_books/317/ Old School goes online: Exploring fiduciary obligations of loyalty and care in the digital platforms era . Santa Clara Law Digital Commons. (n.d.-a). https://digitalcommons.law.scu.edu/chtlj/vol36/iss1/3/ Wang. (2020). New orders and routines of International Economic Governance: ... https://go.gale.com/ps/i.do?id=GALE %7CA632088607&sid=googleScholar&v=2.1&it=r&linkaccess=abs&issn=16733428 &p=AONE&sw=w&userGroupName=anon~1cf94100

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