You are a manager of a highly successful local business. The small business society in your community asks you to write a paper for their monthly publication. In the featured article, you will be discussing, “How Important Tort Liability is to Business.” Remember that, for most torts, injured persons can bring actions against businesses as well as against individuals.
Using your professional or personal experience in the business world, discuss the following in your article:
- Discuss the extent of business negligence liability by identifying and clearly defining the relevant law(s), either defining a legal doctrine, provisions of a law, or elements of a specific cause of action.
- Apply facts from your experience to the applicable law, doctrine, or cause of action studied.
- Clearly summarize lessons learned from the week as they apply to your fact pattern and make links to the readings and/or module.
- Then make a list of suggestions for minimizing business tort liability, in which you include new thoughts or ideas based on the module information. This is your reflection/insight, which logically would flow from each information point presented.
- Ensure your experience actually relates back to the material for the week.
Sometimes students have difficulty identifying a personal or professional torts case. You may also research a torts case to discuss if you do not have a personal professional experience to discuss. Be sure to complete all bulleted points above.
In the area of torts, many causes of action are comprised of “elements.” Define each element and apply facts from your situation to the law or elements. For instance, if you write about a situation involving negligence, you would define negligence stating, “Negligence occurs where a person’s conduct falls below the standard of care, resulting in a breach of duty, which is the direct and proximate cause of injury to another person or thing. The elements of negligence are: 1) duty; 2) breach; 3) causation; and 4) damages.”
