Recognizing and Minimizing Tort and Regulatory Risk Plan

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Recognizing and Minimizing Tort and Regulatory Risk Plan
University of Phoenix
Business Law
LAW 531
Charlisa Edelin
October 11, 2010

When operating any business, the company always has the potential of facing allegation about the quality of their product, their environmental impact, and many other forms of complaints. Alumina Inc is such a company. Alumina Inc is facing a possible law suit over allegation about their environmental record. Alumina Inc is facing possible law suit for negligence. Negligence is defined as “the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.” (Cheeseman, 2010).. Kelly Bates is alleging that Alumina Inc is the proximate cause of her daughter’s leukemia. Bates will have to prove that Alumina Inc is the cause of her daughter’s leukemia. Alumina Inc could be found culpable in the development of the leukemia. In order to be successful, Bates will have to prove either (1) Alumina Inc owed a duty of care to the her and the public, (2) That Alumina breached this duty of care, (3) She suffered injury, (4) That Alumina’s negligent act caused the her daughter’s injury and (5) that Alumina’s negligent act was the proximate cause of the her daughter’s injuries. Alumina Inc owes a Duty of Care to the community. Any business that released pollutants into the water or air has a duty of care to maintain legal standards of output. The EPA (Environmental Protection Act) is the governing agency which determines the acceptable rate of release and oversees compliance with these regulations. Alumina Inc is being accused of breaching this duty of care. Alumina Inc is required to meet all the EPA standards. Alumina Inc has always maintained strict compliance with these standards with one miner exception. The PAH concentration in tests samples was above the prescribed limit. Alumina Inc immediately corrected the problem and has maintained a clean record with the EPA....
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