CU Helen Palsgraf and Long Island Railroad Company Analysis

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Business Finance

Capella University

Description

  • Write a 3-page executive briefing of the four types of business entities as related to U.S. tort laws.Introduction
    When one party damages another party, in a non-criminal context, the aggrieved party is entitled to restitution. This is one of the most important concepts of tort law. In other words, making a party legally responsible for damages is the main purpose of tort law. A judge or jury will attempt to determine exactly what needs to be done when an aggrieved party can demonstrate damages, and what those damages should be in order to return the aggrieved party to the state that they were in prior to the alleged action. Of course, no one can go back in time and change what happened; therefore, damages are always paid in the form of money.One reason why torts are important in a business context is that virtually all commercial enterprises deal with the public by providing products, services, or other commercially relevant activity. Unfortunately, consumers often suffer harm due to unintentional (or, rarely, intentional) damages caused by faulty products or negligent services.Criminal penalties cannot be attached to business entities. If a crime is committed, the government charges speci?c individuals within the corporation who may be responsible, not the business entity. Yet, society recognizes that businesses, out of negligence, ignorance, or malfeasance, may cause injury to another party. Tort law imposes standards by which such injured parties can seek recompense from the corporation in civil court. Whereas an entire corporate entity cannot be tried in a criminal court, it can be a defendant in a civil court. Keep in mind that there is a significant difference between tort law and criminal law. Criminal penalties could be applied to individuals if there is evidence of an illegal motive or criminal negligence. Torts, on the other hand, typically involve negligence, which is a breach of a duty of care.Overview
    Tort law is based on the notion that if one party harms another intentionally or by being careless or reckless (“negligent”), then the aggrieved party may be entitled to restitution and be made “whole.” In some cases, there is strict liability, as in cases of defective products. If a product is found to be inherently unsafe or defective, strict liability is imposed; "strict" means that neither intent nor negligence needs to be proven.Sometimes, a tort may also be a crime, as in the case of assault. Such a case can be brought both civilly and criminally. Here, we are only concerned with civil court cases. The court (using a judge or jury as fact-finder) will attempt to determine what damages are appropriate where a tort has been committed. A court will attempt to determine exactly what needs to be done when an aggrieved party can demonstrate damages, and what those damages should be, in order to return a party to its state prior to the alleged action. This remedy is almost always money because, in reality, no one can go back and undo the wrongful action.Preparation
    The first step in preparing your case law analysis is to locate a published court decision and select an organization you believe would be impacted by the decision. 
    • Choose a decision about tort law. To help you get started, use the Capella University Library Legal Research Library Guide and these well-known searchable databases of court cases. Try to imagine yourself as either the plaintiff or the defendant in the cases you review to make these cases meaningful to your life.   
    • Select ?an organization not a party to the case that you believe would be impacted by that court decision. It can be an organization you work for or have worked for, an organization you would like to work for, or some other organization.
    • Use the following media simulations to help you with this assessment:
      • Analyzing a Case.
        • This multimedia? walks you through a written court decision and explains each part's purpose.
      • Business Law Foundational Concepts
        • This multimedia will help you to understand your reading materials and articles you find.
          • Click Transcript (after you open the multimedia, Transcript is found at the lower right corner of the screen).
          • In addition to your textbook, use the transcript as another resource to quickly look up some of the more common terms. This terminology will be useful in personal, scholarly, and professional settings.
      • Four Ethical Theories.
        • This multimedia? sets forth several approaches to ethical thinking that can be applied to business.
    • The Case Analysis Report: Executive Briefing Exemplar [DOCX] shows a sample case law analysis. You may wish to refer to it as you work on your assessment.Instructions
      Once you have selected a decision and an organization impacted by the decision, assume you’re a senior manager in the organization you selected and that you were asked to prepare an analysis of the court decision and brief the executive team of the organization about the impact the case might have on the company. Your briefing should include a summary of the case, as well as an evaluation of how the court’s decision impacts the organization from a business, legal, and ethical perspective. Be sure to list your case citation in the References page at the end of your briefing.Step 1: Exhibit information literacy skills as applied to business law.
    • Identify the court, the parties who are before the court, and the date of the decision.
    • Ensure that your briefing provides an accurate context in terms of who brought the lawsuit and the outcome of the case.
    • Report research from a recognized authority that adds insight into the meaning, history, or impact of the case with relevant legal research from credible databases or online sources.
    • Step 2: Summarize the facts and ruling of a legal case and its impact on businesses.
    • Provide a brief background and context associated with the case. Summarize the facts in no more than 1–2 paragraphs.
    • Identify the specific disagreement between the parties. Was there a dissenting opinion? If so, explain it.
    • Summarize the court’s ruling, including its rationale.
    • Analyze the impact of the case on businesses, including both negative and positive impacts.
    • Step 3: Explain how the court decision impacts legal and ethical compliance in a business environment.
    • Identify the ethical and legal implications for a business that were suggested by the court's decision.
    • Discuss whether or not the conduct of a party in the case was ethical or unethical.
    • Propose and explain an ethical theory that describes why a party's conduct was ethical or unethical.
    • Step 4: Explain how a legal case could impact a specific organization not a party to the case.
    • Explain the impact of the court’s decision on your selected organization. In light of the court’s ruling, how might the executive team of the organization make future decisions or policy?


      List of Tort Cases

Palsgraf v. Long Island R.R. Co.

https://casetext.com/case/palsgraf-v-long-island-r...

Liebeck v. McDonalds

https://www.caoc.org/?pg=facts

United States v. Carroll Towing, Inc.

https://scholar.google.com/scholar_case?case=71298...

Garratt v. Dailey

https://scholar.google.com/scholar_case?case=56584...

Summers v. Tice

http://scocal.stanford.edu/opinion/summers-v-tice-...

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Explanation & Answer

View attached explanation and answer. Let me know if you have any questions.hi there! please see attached. let me know if you want any edits or changes I can edit it until you are pleased with it. thank you, hope you are enjoying your day 😀

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Case Law Analysis and Executive Briefing

Name
Institution
Course
Professor
Date

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Case Law Analysis and Executive Briefing
Palsgraf v. Long Island Railroad Company
248 N.Y. 339,162 N.E. 99 (N.Y. 1928).
Parties: Helen Palsgraf and Long Island Railroad Company
Court and Date Decided: New York Court of Appeals (Decided May 29, 1928)
Background Facts:
Helen Palsgraf filed a lawsuit against Long Island Railroad Company. He accused its guards of
being negligent, which led to her injuries. Mrs. Palsgraf had just bought a ticket from the
defendant to travel to Rockaway Beach (Casetext, n.d). He was standing on the company’s
platform waiting for the train moving to her destination. Coincidentally, a passenger tried to get
into one of the company’s trains. Since the train was moving, two of the train’s guards tried to
assist the passenger to get in. Unfortunately, they knocked a parcel that he was carrying in his
hands. The parcel had fireworks. As a result, the parcel exploded when it touched the ground.
The guards did not know the content of the parcel. The explosion was too large that some scales
got to where Palsgraf was standing (Casetext, n.d). They hit and injured her. In this case,
Palsgraf accused the rail company of its employees being negligent. She argued that the way the
two company’s employees reached the passenger to get him on board the departing train is what
caused his parcel to fall an...


Anonymous
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