any defenses that either defendant could raise and whether vicarious or primary liability applies

 any defenses that either defendant could raise and whether vicarious or primary liability applies

QUESTION:

As you have been retained by the Rusholmes as their lawyer-advise them on what unintentional tort would most likely be the basis of their lawsuit and what has been established by them in order to be successful. Please anticipate any defenses that either defendant could raise and whether vicarious or primary liability applies.

ANSWER:

The Canadian Courts have had a challenge in deciding where a tort has been committed but they have adopted a contextual and flexible approach to it.In this case ,as the Rusholmes lawyer I would advise that it is a tort of negligence is most suitable for a lawsuit. The tort of negligence compensates people who suffer injuries as a result of the unreasonable conduct of others. Here Saunders and Watts were negligent as there were clear instructions to leave the windows partially open and he acted otherwise. In addition to this, they themselves applying a sealer from Standard Household Products Ltd, that had a label instructing adequate ventilation to the outside. They closed the windows in the fear of being held liable for theft in case it happened.

In order to prove negligence, a plaintiff must show:

-the defendant owed the plaintiff a duty of care.

Saunders and Watt owed the Rusholmes a duty of care as they were to be in charge and take care of leaving the windows partially open.

-the plaintiff sustained damage.

The Rusholmes house was greatly damaged.

-the damage was caused, in fact in law, by the defendant’s breach.

CLR1: Compare strategies used to manage risks in an organization’s business activities.

The firm of Saunders and Watts ltd is liable to facing risks and it can solve them through the following process:

Risk Identification.

This involves identifying the type of risk the company is facing. Saunders and Watts made the mistake and they will face a lawsuit due to negligence (Gaudenzi, & Borghesi, 2006). This will affect their company negatively especially because their reputation is at stake.

Risk Assessment.

This is about knowing the danger it has brought to the company .it is about identifying who is has harmed and how (Gaudenzi, & Borghesi, 2006). Knowing the risk and determining control strategies and recording the findings.

Risk Mitigation.

Mitigation of risks can be done through different ways: Risk can be transferred. avoided, accommodated or even shared.

Risk Appraisal.

This is the part where the risk is solved by the management.

CLR2: Synthesize substantive laws that impact businesses.

The Canadian legal system has set up laws that all business firms should follow in order to be on the right side of the law.

They are:

1. a) State licenses.

Professionals licenses are issued by the Canadian government and every business management should ensure that it is registered appropriately.

1. b) The affordable care act.

This is about understanding one’s responsibilities as an employer. Research done by the company and data collected requires IT knowledge and input (Sadiq, & Governatori, 2015). This act coordinates the number of employees a business has and whether they are well taken care of.

c)The Federal Tax Code.

Every Canadian business firm is liable to paying tax. There are different types of taxes: they can be employee tax, income tax and exercise tax.

d)Labor laws.

This is about the hours and wages employees get, the employees legal status with employers and employee benefit security, that is, welfare benefits.

1. e) Working with independent contractors.

Business owners should be aware to classify their relationship with their employees and suppliers (Sadiq, & Governatori, 2015). Every relationship should be well defined.

CLR3: Apply business law to resolve simple legal issues arising from day to day business operations

Business organizations can use various methods to solve disputes such as:

Negotiation.

This simply means talking to the other person to try and resolve the problem. There are different ways to negotiate and some are easier than others (Pearson, 2017). But its always important to be well prepared before one starts negotiating.

Mediation

Mediation can be explained as any kind of negotiation which is neutral without takingsides.He tries to help both parties while providing solution to the current problem. Mostly they tend to be fair and not favoring anyone.

Conciliation

(Pearson, (2017) explains that conciliation works like mediation but has less active role as compared to mediators though they do not give suggestion to solutions. The person helping the differing parties guides them towards making agreements and respecting one another.

Arbitration

This Is a process such as any hearing in the court, people involve a judge who tries to make decisions based on the better understanding of the issue and the result of the decision is called reward.

CLR4: Explain the relevance of internal controls in a business that could mitigate business and legal risks and promote compliance with laws.

Internal controls help every Canadian business firm achieve one thing or another.

i)Ensuring efficient conduct of business,

Companies have different processes and ensuring all processes are implemented successfully is key.

ii)Safeguarding assets.

The company has its own assets and safeguarding them is key as they are vulnerable to theft.

iii)Preventing and identifying fraud (Logsdon, & Wood, 2005).

The security of a company from fraud is key and controls are in charge of putting issues of this case forward.

iv)Ensure accuracy of financial records.

As financial statements are being made the company’s operating systems have recorded transactions appropriately.

v)Timely preparation of financial statements.

Senior management uses financial statements to make decisions concerning the organization.

 References

Gaudenzi, B., & Borghesi, A. (2006). Managing risks in the supply chain using the AHP   method. The International Journal of Logistics Management, 17(1), 114-136.

Logsdon, J. M., & Wood, D. J. (2005). Global business citizenship and voluntary codes of            ethical conduct. Journal of Business Ethics, 59(1-2), 55-67.

Pearson, R. (2017). Business ethics as communication ethics: Public relations practice and the       idea of dialogue. In Public relations theory (pp. 111-131). Routledge.

Sadiq, S., & Governatori, G. (2015). Managing regulatory compliance in business processes.         In Handbook on Business Process Management 2 (pp. 265-288). Springer, Berlin,     Heidelberg.