Week 7 Breach of the Duty of Care Negligence Duty of care Established or novel duty? Is it a non-delegable duty? What is the scope of the duty? Breach of duty What is the relevant standard of care? Has the standard been breached? Damage Is it recognized by law? Was the breach a necessary condition of the harm? Is the harm within the scope of the defendant’s liability? Breach of Duty The fault part of the negligence action An act or omission of the defendant A failure to act as a reasonable person
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Technology has made many lives easier‚ but with this ease‚ comes with many risks. People are becoming savvier about how to break into computer systems and access personal information. For many people‚ this is considered a breach of security. According to wisegeek.com‚ a security breach is “an incursion into a computer or network of computers‚ usually by hackers or malicious software that compromises sensitive data or causes damage to computers or network function.”1 Most of the time these so-called “computer
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1. Identify & describe the failure points in TJX’s security that requires attention (including‚ but not limited to: People‚ Work Process‚ and Technology)? After analyzing the Ivey case on TJX data fiasco‚ I would say there were three major failure points that caused this $168MM financial hit to the corporation. • Technology: it is obvious that TJX had several technology deficiencies mainly driven by systems limitations and vulnerability. For example‚ inadequate wireless network security
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Effects of a Breach of Contract There are various types of contract with in the world of law such as civil law which deals with relations between individual citizens where as private law focuses on the relations between ordinary people on a day to day basis‚ both types of law include the law of contract. A contract is an agreement that is legally enforceable and therefore can be settled within a court of law‚ however how can we distinguish between a contract and any other form of non-legally enforced
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iPad’s Security Breach Meredith Morrison Strayer University BUS 508 [ November 26‚ 2012 ] Dr. Ronald Steffel The Goatse Security firm’s possible objectives when they hacked into AT&T’s Website was to test for security. If they could hack into the system‚ so can any other hacker (iPad Security Breach‚ 2010). The Goatse Security firm wanted to confirm that if they could gather e-mail addresses‚ discovering vulnerability‚ so can people who are hackers. “We’ve reached out to the
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Nowadays‚ security breaches are prevalent in our environment‚ both physical and logical. Different types of unauthorized access are conducted by different groups of individuals for different purposes. One good example of breach is the TJX data theft that happened sometime in mid-2005 and on subsequent dates from mid-May 2006 to mid-January 2007. The TJX data theft is considered as the largest case of intrusion of data to occur to date. According to the article‚ the data stolen by hackers were
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The first step to establish negligence is to decide whether the defendant owe a duty of care to the plaintiff. The defendant is obliged to take reasonable care to its neighbor. Neighbors are persons who are so closely and directly affected by ma act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question: Donoghue v Stevenson. Thus‚ the damages occurred must be reasonably foreseeable. In this case
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be created and maintained with in organizations. The purpose of this paper is to examine the impacts of diversity onto an organization in addition to explaining the legally mandated and stakeholder driven explanations for mandatory diversity. Diversity’s Impact on Organizations Diversity within an organization is a blending of people from various cultural‚ religious and ethnic backgrounds. Diversity has challenged organizations to set realistic goals for its leaders
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Accounting and Modern Organization: Modern Accounting Systems affect on Modern Organization Principles of Accounting 1 ACC205 May 13‚ 2012 Has modern accounting systems made a difference in modern organizations? In my opinion‚ modern accounting systems have made a difference in modern organization. Modern accounting systems fulfill the basic accounting needs while offering increased accuracy in tracking trends‚ enabling collaboration and giving quick access to data. Most successful organization
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What are the defenses to a breach of contract? If someone is accused of breach of contract‚ there are a number of defenses available to argue that a contract should not be enforced. If any of the basic contract elements are missing‚ or if the contract was made with someone of diminished capacity or for illegal purposes‚ a contract can be unenforceable. Some other examples of potential defenses to enforcement of a contract are mutual or unilateral mistake‚ duress or undue influence‚ unconscionability
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