Business Law Paper Answers
Business Law Paper Answers
Explain the Duty to Rescue as developed by the Yania v. Bigan case on page 3 of the textbook?
The duty to rescue describes about the circumstances and situations in which one group can be detained legally responsible for not rescuing the other party, a group, or an individual from danger. There is a penalty for those who fail to rescue others in certain conditions. It can occur after hazardous situation in which the creator may not be a negligent. So, where the duty of rescue arises the beholder should act in a certain way of care. The duty to rescue can be observed from the case of Yania v. Bigan. Bigan asked Yania to jump into the water to fix the pipe and he also started taunting Yania. In reaction to these taunts Yania jumped into the water and drowned. After the death of Yania, his widow filed a case against Bigan. She states that Bigan should attempt to rescue Yania after he jumped into water. This case shows that Bigan should hold some responsibility to rescue Yania.
After 9/11 attacks in the USA the government has a more focused stake about the security of the country. This stake has raised a clash between the protection of individual privacy and protection of infrastructure of the country and the lives of people. Thus the security matters have become very proactive and invasive. The anti terrorist investigations, permits the government to gather the information from the gigabytes of data on personal and social activities of individuals. Some people have a viewpoint that it is unconstitutional to deal with the security at the cost of privacy. The congress has a department of homeland security with power to collect and use the huge amount of data on persons. Officials argue that monitoring of data is needed to handle terror activities. Government of the US compromises the privacy and demands an access to protected information.
Has the passage of the Sarbanes-Oxley Act lead to more whistle blowers coming forward or not? Explain.
Sarbanes-Oxley Act has developed a new federal cause of action for the protection of the whistleblower of employees. In this Act congress took an incorporated approach to whistle-blowing. This Act prohibits the retaliation next to whistleblowers. The state needs companies to adopt the code of business ethics to avoid the violations of this act. In 2002 back in history the big corporate scandals urged and extensive frauds at big companies happened as scandal of WorldCom and Enron. Thousands of people suffered from these scandals. This Act was successful in initial time, and now, this act shows failures because traditional strategies may not be adequate to encourage whistleblowing. The economic crisis in 2008 provides an evidence as of the failure of this Act. Moreover, at larger scale this act has important contributions to encourage whistleblowing and avoidance of big scandals. Thus we can say that the policymakers have to make changes for better outcomes.
Do you agree or disagree with the policy of many government agencies and public corporations who have a lifestyle control policy for their employees?
Some corporations and agencies have the policy for lifestyle control of employees. I strongly disagree with this policy, because every person should be free to adopt a lifestyle of his or own interest. It is widely accepted that Americans have a greater degree of control over employees . Now an increasing number of employers are spreading the sphere on the control on the lifestyles of people. Such restrictions and policies may cause dissatisfaction and very less dedication toward the work at the workplace. Employees should be free to adopt any style that interest them. Such policies may affect positively to employees like not to drink wine at the workplace or smoking, etc can improve their health, but at the end, severe restrictions will lead to poor performance.
Has the equal protection clause of the U.S. Constitution been applied correctly in the area of employment discrimination?
Equal protection clause after fourteenth amendment in the US constitution that forbids discrimination by state institutions. This clause gives a permission to all people to have the equal protection of the laws. It is observed that this clause is implemented by all and there is not any discrimination while its application is concerned. All people are now aware of their rights and responsibilities in terms of laws that enforces government to provide the fundamental rights to every person or entity in the country. The supreme court orders different tests for application of fundamental rights and ensures its implementation and after that evaluation also takes place to avoid any disturbance in the society. Racial, ethnic and certain other claims have an influence internationally, thus the implementation of this clause becomes certain because of current media freedom.
The OSHA has had an extensive impact on American employment since its passage. Do you feel it has been beneficial or harmful to American businesses?
OSHA does provide leadership in occupational health and safety. This agency looks for sharing the very effective methods to secure the deaths, injuries, and illnesses in the workplace. I feel that it is beneficial for businesses to develop a positive reputation in the minds of people about the business. It provides on-sites free consultation program that that provides a confidential advice to business in terms of avoiding hazardous incidents. It provides the services of its staff in different areas that enable the group to discuss their matters with the Compliance Assistance Specialists that ultimately benefit the business. OSHA provides training programs on health and safety issues for the businesses that reduces the cost of the company. OSHA reduces the penalties keeping in mind the size of the organization that leads a benefit to organization for preventing fine of huge amounts.
Has the increased Globalization of the world's economies been a positive or negative development for the world?
Money and information moves at a surprising speed in the globalized world. Globalization of world economies has a more positive and very less negative effects on the development of the world. It can increase the cultural mixture and nation tries to understand the civilizing choices of the other countries. The Countries share monetary interests, so, governments are trying to solve ecological and environmental issues that are in the favor for the development of the world. A stable cash flow results in decreasing dollar differences. Globalization creates jobs all around the world that is a good thing for the development of the world. With the huge benefits, outsourcing is not very good for the parent country that can create unemployment in a certain region. Globalization can benefit and harm the world, but it is unavoidable and everybody should ready to face it.
Why does the U.S. Constitution's First Amendment protect individual speech more completely than commercial speech?
The first amendment of the US constitution protects the right to freedom of expression and religion from governmental interference. It is not absolute and it has several categories of speech and it is recognized that governments may endorse place, restrictions, on individual speech about religion and way of expression that permits every individual the right to live a life of their own choice having any religion or expression of their life. Commercial speech is actually done on the behalf of a company for the purpose of making profits, such as advertisements, commercial transactions and other factors. Individual speech has more influence and vast awareness among people that makes this speech successful. In commercial speech, the speaker is engaged in trade and the audiences are potential consumers. In first amendment individual speech got full protection, however, commercial speed has not got such esteem.
Explain why the law of personal injury developed from the theory of caveat emptor in the present theory of strict liability?
Personal injury happens when a person has suffered from some sort of injury that may be psychological or physical. Many of the injuries lies under the tort law. The question of why it is developed from the policy of caveat emptor that gave way to progressive response. In the past, the courts had implemented the policy and this theory, then it was developed in the form of restatement of Torts. There was some kind of deceit and cases were reported in the courts related to warranty of the products. The personal injury law enables development of liability insurance to attain it in the present form. Over one hundred years the law was a more complex body of rules that had covered a wide range of civil injuries and the shortcomings of these laws are developed into a strict liability theory that was originated from the caveat emptor because of the related materials.
Do you agree or disagree with the policy of media companies preventing the file sharing of their products?
