Preview

Legal Concepts In Business Managerial Settings Paper

Good Essays
Open Document
Open Document
823 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Legal Concepts In Business Managerial Settings Paper
Legal Concepts in Business Managerial Settings

LAW 531
January 13, 2014

Legal Concepts in Business Management Settings
The case Team B chose to study and analyze is Beckman v Match.com. Mary Kay Beckman joined Match.com and dated another Match.com client, Wade Mitchell Ridley, for a short time. Following the break-up Ridley began harassing Beckman by sending threatening text messages. The harassment escalated to violence and resulted in Ridley attacking Beckman in her home, repeatedly stabbing and kicking her. Beckman was seriously injured and hospitalized and ultimately filed a lawsuit against Match.com, claiming five causes of action including one federal law claim for deceptive trade practices (Yip, 2013). The team studied the legal concepts of the case and how they can be applied within a business managerial setting.
…show more content…
Match.com where the Communications Decency Act was upheld by the court in favor of Match.com; managers should examine liability obligations as well as laws protecting or defending their business. Applying a defense against negligence in a business managerial setting involves managers researching laws providing immunization against negligent allegations. According to the article, what is Negligence and how do I Defend against Negligence? Possible defenses against negligence include "(1) challenging the status of the plaintiff and the corresponding duty of care, (2) asserting that it acted in accordance to the requisite standard of care, (3) attacking the causal link between act or omission and harm or injury, or (4) questioning whether the plaintiff suffered any actual loss" (Inc., 2014). Some states also maintain the doctrine of contributory negligence prohibiting a plaintiff from recovering the percent of damages which he is at fault. Therefore, in a business managerial setting knowledge of specific state laws is a necessity and possible legal risk involved within the

You May Also Find These Documents Helpful

  • Satisfactory Essays

    WIRETIME has committed an intentional business related tort known as Defamation. In this case all four elements of defamation are present. A defamatory statement was made, it was spread to a third party, the statement was very definite to one company, and it caused damages to BUGusa business.…

    • 708 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Kuehn V. Pub Zone Summary

    • 885 Words
    • 4 Pages

    An employer is a special kind of landowner and is in a special relationship with his employees, in that they are present on his facilities every weekday. Burton Woods III was a mail clerk who worked for Monsanto Corporation. His job duties required him to circulate among the female employees in order to deliver mail to the various departments. Ms. Gaines worked as a secretary at Monsanto. The plaintiff alleges that Mr. Woods had made advances upon many of the female employees in the firm, including Ms. Gaines. Mr. Woods had previously been convicted of rape of robbery. Mr. Woods had access to employee files including the employees’ home addresses. Mr. Woods used this access to obtain Ms. Gaines’ home address and, on April 10, 1979, he went to Ms. Gaines’ apartment and murdered her. He was convicted of first degree murder and sentenced to life imprisonment without the possibility of parole. Ms. Gaines’ parents brought a wrongful death/negligent hiring suit against…

    • 885 Words
    • 4 Pages
    Satisfactory Essays
  • Powerful Essays

    Business Law Ch11-15

    • 1737 Words
    • 7 Pages

    Dorris Reed, the plaintiff, purchased a home from Robert King. Robert King and his real estate agent did not tell Dorris Reed that a woman and her four children were murdered 10 years ago, because the murder would affect the value of the home. Dorris Reed, however, did find out about the murder from a neighbor and sued Robert King and his real estate agent for rescission and damages. Dorris Reed paid $76,000 for the home but the value of the house, once the murder was taken into consideration, was only worth $65,000. Due to Dorris Reed failing to state a cause of action, the trial court sided with Robert King and his real estate agent. Dorris Reed appealed. Fraud is being looked at in the case of Reed vs. King. There are five elements to proving fraud, 1) material misrepresentation, 2) facts/knowledge, 3) intent, 4) reliance, and 5) damage (quoted from text book). Robert King and his real estate agent hid the first and second element of fraud. They knew about the murders and did not present Dorris Reed with this information, which would have affected Dorris Reed decision to buy the house. However, when dealing with the selling of real property, the question of materially is the main issue. Materiality is based on three conditions, 1) the gravity of the harm inflicted by nondisclosure, 2) the fairness of imposing a duty of discovery on the buyer as an alternative to compelling disclosure, and 3) the impact on the stability of contracts if rescission is permitted (citation from text book). Even though murder is horrible and it would affect a person’s judgment on buying that particulate house, there is no evidence to support Dorris Reed claim that the murder would in fact affect the market value of the house. The judgment was later reversed because Dorris Reed was able to present enough evidence to show that history can affect the value of property.…

    • 1737 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Business Law Final Essay

    • 712 Words
    • 3 Pages

    When asked “what can Moon, Inc do to get its money from Bob Zimmerman?” I would address it by saying if Zimmerman doesn’t pay off what he owes then according to the mortgage contract Zimmerman would foreclose his house and Moon, Inc. would have the right to bid first. My reasoning is that initially the mortgage was taken out for the house and Zimmerman paid back loans toward the bank. If Zimmerman doesn’t pay then the house is foreclosed and the bank gets the right to bid first on credit bid. Now the mortgage for the house belongs to Moon, Inc. and Zimmerman pays back loans to Moon, Inc. Since Zimmerman has stopped paying his mortgage that means that when the house gets foreclosed Moon, Inc. would have the right to bid first on credit bid.…

    • 712 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Facts: Ms. Deters, the plaintiff, sued Equifax, the defendant, in the United States District Court for the district of Kansas after being sexually harassed on several different occasions by three different co-workers and also the original male supervisor. Violating Title VII, prohibiting discrimination of employees based on race, color, religion, sex and national origin. Ms. Deters filed multiple complaints on the daily sexual harassment that had taken place at the office. Mr. Taylor indicated he would handle the sexual harassment, him being the highest managerial position in the office. Mr. Taylor was also designated by Equifax to enact its human resource policies. The courts entry of judgment in the favor of the employee denied the defendants motion on the issue of punitive damages. However, Equifax did not agree with the decision of the court and wanted a judgment as a mater of law de novo. Equifax litigates that the evidence was not in support of the punitive damages.…

    • 487 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Alex would be suing Betty for a breach of contract. He would only succeed if he’s able to prove that a contract was in place. A contract can be defined as “a written or spoken agreement that is intended to be enforceable by law.” In order for it to be formed, agreement must take place and it can be broken down into two elements. Firstly, an offer. This can be described as an expression of willingness to contract on clear terms, with the intention that it will become a binding contract when it has been accepted. The second is acceptance, which can be defined as the unqualified expression of assent to the terms of an offer.…

    • 989 Words
    • 4 Pages
    Good Essays
  • Best Essays

    July at the Multiplex

    • 3341 Words
    • 14 Pages

    Mr. Plex has two choices to make. The first is to negotiate settlement money or defend the lawsuit. As a group, we will give our best knowledge of business law, statistics, and ethics to help Mr. Plex choose the ideal decision. First of all we will compare the fraud and misrepresentation of business law. Furthermore, we conducted tests on Hypothetical test and a Confidence Interval calculation. Lastly, under the ethics theory of cost-benefit analysis, justice vs. fairness and rights, we decided on the best action that Mr. Plex is supposed to take.…

    • 3341 Words
    • 14 Pages
    Best Essays
  • Powerful Essays

    In order to determine the integrity of the recruiter and the CEO, we first need to understand what integrity is. The term integrity is used in the business literature to describe different leadership traits. David Bauman highlights an example of integrity's multifaceted nature provided by Bill George who is one of the most influential practitioner/writers on leadership today (Bauman, 2013). In his book Authentic Leadership George writes,…

    • 1652 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    The article reports on Lance Armstrong who is famous cyclist that use performances-enhancing drugs to bring his career to a successful.…

    • 1334 Words
    • 4 Pages
    Good Essays
  • Good Essays

    ISSUE: State statues definition of “marriage” -limiting it to man & woman. Unconstitutional as it bars equal protection…

    • 1076 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Business Law Week 5

    • 1142 Words
    • 5 Pages

    Our team learned this week how to differentiate between types of discriminatory issues and knowing the legal considerations linked to it. This knowledge proved to be beneficial in the team’s decision on how to tackle option one of this week’s team reflection exercise. As a senior manager of a prominent security company, it is important that I look out for the company’s integrity in maintaining its mission of maintaining order, protecting property and the use of deadly force. One of our employees, Joe who recently returned from a successful two years boots in ground deployment in Afghanistan is suffering from Post Traumatic Stress Disorder (PTSD). His mental health provider made this diagnosis along with depression, anxiety, and anger issues. As the senior person in-charge of Joe, I have to make a tough decision whether to recommend if Joe should remain in or resign from the company.…

    • 1142 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Business Law 2

    • 803 Words
    • 3 Pages

    I am aware that you are wanting to go into business because of your love of natural ice cream. I would like to discuss with you the various types of business entities that exist and the pros and cons of each. Specifically, I will discuss: Limited Liability Company and C Corporations.…

    • 803 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    The rights of handicapped persons to enjoy equal employment opportunities were established on the federal level with the enactment of the “Rehabilitation Act of 1973” (29 U.S.C. 701-794). Although “not designed specifically as an employment discrimination measure but rather as a comprehensive plan to meet many of the needs of the handicapped” (Twomey, 2001, p.540). The Rehabilitation Act provided three sections (sections 501,503,504) that prevented discrimination in employment. Section 501 was applicable to the federal government itself. Section 503, applied to federal contractors. Finally, section 504 applied to the recipients of federal funds.…

    • 2973 Words
    • 12 Pages
    Powerful Essays
  • Satisfactory Essays

    Covering the Ucc

    • 258 Words
    • 2 Pages

    The Uniform Commercial Code generally regulates commerce or trade on a national basis. Do you think that the UCC would directly or indirectly have any effect on international commerce? If so, what effect on international or worldwide commerce do you think the UCC might cause? In order to give an answer one must understand that in the world trade industry everything ties together. The UCC might just be a State side regulatory law system, but it has to affect the international world too; this might not be direct, but the effects have to exist. When US companies trade outside of the US, their regulations affect the international buyer. Payments, contracts and agreements that are drawn up under the UCC for companies that wish to conduct businesses internationally have affected international businesses with the UCC. Now this in no way saying this is a bad thing. It just means that the same rules we use have to be used by companies that trade within the US. Think of credit cards, they use the UCC in order to keep getting paid from the card holder as well as the card holder keeping his or her rights as an individual or company. Without a clear set of regulatory laws in place like the UCC big companies and one-man operations would not have the rights and protections they have nor would the consumers have rights and protections.…

    • 258 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Through the study of laws, ethical principles and court judgments, this course will introduce students to important legal and ethical issues that they may encounter within a business organization.…

    • 2139 Words
    • 10 Pages
    Powerful Essays