Description
Week Three Assignment 1
Business Tort and Criminal Liability Presentation
- Due Feb 18, 6:00 PM (PST)
- Not Submitted
- POINTS 10
- Team Presentation
- no new messages
Objectives:
- 3.1
- 3.2
- 3.3
- more
Purpose of Assignment
Why do businesses enter into agency relationships and hire independent contractors instead of employees. Is it simply cost? Is it a question of liability, or is it a combination of the two? As you approach this week's assignment, consider these questions and think about how they impact risk and what factors in that business create the most risk for the employees and executives. Is it always the same?
Assignment Steps
Resources: Legal Environment of Business: Online Commerce, Business Ethics, and Global Issues: Ch. 5, Ch. 6 and Ch. 7
Create a 10- to 12-slide Microsoft® PowerPoint® presentation, including detailed speaker notes (speaker notes not required for introduction, conclusion, and reference slides). The speaker notes for each slide should serve as the text for your presentation.
Address the following:
- Individual Team Member Requirement:
- Each team member should create a slide summarizing their Week 3 individual assignment.
- Learning Team Requirements:
- Differentiate between the following Agency types: Express, Implied, Apparent and Ratification.
- Discuss what classifies a worker as an independent contractor.
- Collaborate and discuss at least 2 business torts and 2 criminal activities that businesses deal with.
- Defend the collective finding of the Learning Team and its conclusions.Cite a minimum of five scholarly references. One scholarly reference must be from the University Library. Format your paper consistent with APA guidelines.
and
WEEK THREE ASSIGNMENT 2
Business Tort Liability
- Due Feb 18, 6:00 PM (PST)
- Not Submitted
- POINTS 5
- Report
- no new messages
Objectives:
- 3.1
- 3.2
- 3.3
- more
Purpose of Assignment
You may be familiar with personal torts such as negligence; however, business torts are different as they are being committed not against the person but rather against its intangible assets. Think about what this means and how each aspect of your work might result in a business tort being committed.
Assignment Steps
Resources: Legal Environment of Business: Online Commerce, Business Ethics, and Global Issues: Ch. 5, Ch. 6 and Ch. 7; Legal Source database located in the Week 3 Electronic Reserve Readings
Scenario: In the midst of the ongoing rhetoric and movement to achieve Tort Reform, business tort liability must be acknowledged and planned for as a reality. As the manager of legal risk and corporate governance for a major multi-national pharmaceutical corporation, the board of directors has commissioned you to work alongside your CEO and General Counsel to prepare a report regarding this liability and the exposure it creates for the organization.
Create a maximum 1,050-word report, excluding title and reference pages.
Address the following in the report:
- Evaluate the impact of business tort liability on the pharmaceutical industry in general.
- Determine the growth of business tort liability in the pharmaceutical industry and discuss where and why tort reform is needed.
- Assess the impact of business tort liability on corporate liability under the Alien Tort Statute.
- Explain how business tort liability can be reduced through the implementation of the risk management process.
- Analyze how business tort liability can escalate to criminal liability.
- Cite a minimum of two references for the five content areas taken from a business or legal resource. One reference must be from the University Library.
- Format your paper consistent with APA guidelines
Explanation & Answer
Here you go buddy,original work
Running head: BUSINESS TORT LIABILITY
Name
Institution Affiliation
Professor
Date
1
BUSINESS TORT LIABILITY
2
Impact of business tort liability in the pharmaceutical industry
The business tort liability system in the pharmaceutical industry is designed to discover
risk and then assign the blame to an individual’s cause of injury after it has already occurred.
There have been changes in the pharmaceutical sector which have managed to protect the public
from unsafe drugs. Litigation against the drug manufacturer and the Product liability claims has
increased over the past fifteen years as measured by the changes in the number of cases in the
insurance of responsibility. There have been an increased liability claims which are not uniform
across all pharmaceutical products. Vaccines, contraceptives and drugs which are taken during
pregnancy do appear to be susceptible to liability claims. There are cases where a court
establishes the responsibility of a manufacturer injuries and awards to the injured party (Ausness,
2013). Based on the pieces of evidence drawn from the experiences regarding particular
products, the business tort liability may inhibit research and development as well as the
marketing of vaccines and product that are related to reproductive health. The frivolous litigation
does have an impact on certain critical medical categories such as the vaccines. Companies are
made to bear the massive costs of litigation whereby they have to pay high insurance premiums
even in the instances where no adverse judgements are being made. The business tort liability
exacts a heavy toll on innovation by way of the increases high costs as well as the pace of
plodding.
Growth of business tort liability in pharmaceutical industry
Based on the Ausness (2013) study, there have been numerous cases of pharmaceutical
product liability that has been there dating from the early 1980s and are brought against
BUSINESS TORT LIABILITY
3
manufacturers. Traditionally, patients pursued legal action in the instances when side effects of
medication harmed them; when they were not adequately warned and consequently, made claims
against the producers of the drug or the health care provider who were prescribing the drugs.
Currently, the pharmaceutical industry is pushing an agenda which is supposed to eliminate
person’s ability to pursue failure to warn claims against manufacturer regardless of whether the
warning has been provided. In the case of pharmaceutical product liability suits, the plaintiffs
have been required to prove the accusation. Pharmaceutical companies and their legal
representatives have explored ways which are geared in avoiding certain types of claims of the
product liability. It has been argued that since the food and drug administration approves the
labelling of the pharmaceutical, state tort and laws actions may not impose penalties to
pharmaceutical marketers when there is a claim in marking deficiency. The Supreme Court has
placed the responsibility of labelling of the pharmaceutical in the hands of the manufacturers
hence manufacturers should ensure that their drug labels comply with the requirements of state
law and food and drug administration regulations. The Pharmaceutical Manufacturers
Association are calling for the creation of a tort liability system which is uniform unlike the
current patchwork of state laws which does not provide punitive damages against manufacturers
when they meet the stringent food and drug administration requirements (Ausness,2013).
There are areas that the tort reforms are needed. One particular relates to the issue of
expert testimony. Exp...