Tort Law, Essay Example

Introduction

In criminal law jurisdictions, tort laws occur as civil wrong and they deal with instances where an individual acts or behaves unfairly. This causes another person to suffer harm or losses. Though torts do not occur as legal acts, they lead to harm. Most legal jurisdictions allow the harmed person to recover their losses. Tort laws differ from criminal laws, which address situations where a person’s actions lead to harm or losses to the society. Any person claiming to have suffered harm or losses after litigating can claim tort. Torts laws also differ from equity, where the petitioner complains for a violation of right. Delicts occur as equivalents of torts. In addition, torts can be considered as personal injury or civil action.

Identify Potential Tort Risks Addressed In The Video. Classify The Type of Each of These Torts, For example Negligence And Strict Liability.

People who have suffered these acts can receive compensation for damages. These compensations are usually in monetary form. Tort laws crucially define legal injury and determine the eligibility of an individual to receive compensation for the injury. Legal injuries include physical injuries and other injuries such as reputational, emotional and economic injuries (Buckley, & Okrent, 2004). They also include violations of property, privacy and constitutional rights. Therefore, tort laws comprise auto accidents, defamation, false imprisonment and product liability. Usually, negligence occurs as a prominent tort liability. Tort laws allow compensation in case the injured person can prove that the person causing the injury acted negligently. This person should show that the other person acted without reasonable care to avoid injuring other people. Tort laws recognize intentional torts, where an individual acted intentionally to hurt others. Quasi-tort or strict liability allows recovery following certain circumstances, which do not require proof of negligence.

Potential tort risks in this case can be classified as strict liabilities and negligence. For instance, the products used this case did not achieve the standards specified in the express warranty. The people at the firm used these products for more than a year and they read the manuals. However, they could figure out the manner of using the product. Additionally, the products led to injury to the user. One of the users cut his finger as he tried to operate the equipment (Edwards, Edwards, & Wells, 2009).

Negligence occurs as a failure to exercise care in different circumstances. This area of tort leads to harm and injury because of carelessness, which differs from intentionally harm. Negligence depends on the presence of breaking the duty of care of a person. Negligence requires elements for determining liability; include the plaintiff and the breach or dereliction. In tort law, strict liability exists as a rule that specifies the liabilities of a person for loss and damages caused by their actions (Edwards, Edwards, & Wells, 2009). Strict liability has prominence in law especially in corporate and criminal laws, in addition to product liability. In tort laws, strict liability occurs as an imposition of liability without identifying fault such as tortuous intent and negligence. The claiming party only needs to prove that tort occurred and the defendant was responsible for the tort. 

Identify A Tort Violation From The Video. Then Use The 7-Step Process As Defined In The Harb Article To Apply The Risk Management Process To Mitigate The Business Risk Associated With That Violation.

In this case, a tort violation occurred because of breach of warranty. In addition, one of the operators of the equipment cut his finger as he tried to operate the equipment. Therefore, as a manager, I will use the seven-step process of risk management to mitigate the business risk associated with the violation. Enterprise risk management occurs as an approach in addressing and assessing risks from all sources that threaten the achievements of organizational strategies. The first element in successful enterprise risk management involves management commitment. This requires the establishment, development and maintenance of risk management frameworks. This promotes and reinforces the benefits of risk management to many organizations. The second element involves consultation and communication (Buckley, & Okrent, 2004). The management should initialize communication, which is a crucial function in the ERM framework. The company has the responsibility of communicating and reinforcing the roles of the ERM framework. The third element involves procedures and policies. The company should develop concise, easy and clear procedures and policies that people can comprehend easily. This requires a review of the risk management procedures, stratagems and measures for their appropriateness. The management should also institute processes and systems that facilitate an application of the of the ERM framework.

The fourth element involves education and training, which occurs as investing in its workers and people. The company should conduct training in areas that facilitate risk identification. This requires a review of the profiles and provision of feedback to risk owners. Additionally, the company should develop an effective and efficient framework with well-documented plans, policies and toolkits. This should align the main activities of the company and minimize duplication of function. Well-aligned activities help in the creation of interdependency in ERM. Thereafter, the company should practice or apply risk management. This will require regular risk assessment and facilitation of risk workshops. This also requires coaching management and support partners in addition to reviewing management of crucial risks (Buckley, & Okrent, 2004). The final process in risk management involves ongoing monitoring and review of risk management. This involves reviewing all the components of the ERM framework, which requires assurance of ERM processes and systems. This also requires assurance of monitoring and reporting of risks and independent testing of controls.

Professor Of Law Nancy Kubasek States That It Appears As If A Breach Of Warranty Occurred. As A Business Manager, What Criterion Would You Consider In Determining If This Is An Appropriate Situation To Involve Legal Counsel?

In case individuals are harmed by using unsafe products, they can use the Cause of Action against the owners of the product. In addition, they can also use the Cause of Action against people who manufactured, designed and sold the product. Liability litigation can be instituted in this case in order to facilitate consumer protection. In this case, the warranty was broken because the goods did not meet the specifications in the warranty. The goods did not have the expected standards and conditions, which could harm the user. In this case, I would consider risk management in determining the appropriateness of the situation (Harb, 2008). In order to manage the situation, it is essential to contract a legal counsel to take care of any legal proceedings from this situation. The owners of the product misrepresented the product’s quality, which resulted in a breach of warranty. The legal jurisdiction has provisions for express warranties, which guarantees compensation in case a seller makes false impressions about a product.

Conclusion

Tort laws occur as civil wrong laws that deal with unfair actions or behaviors towards individuals. Tort laws deal with instances where an individual suffers losses or harm. Potential tort risks in this case occurred as negligence and strict liability. The products used in this case did not meet the specified standards as outlined in the express warranty. The products led to injury and harm to the users, hence these individuals could claim tort. Enterprise risk management occurs as an approach in addressing and assessing risks from all sources that threaten the achievements of organizational strategies.

 References

Buckley, W. R., & Okrent, C. J. (2004). Torts and personal injury law. Clifton Park, NY: Thomson/Delmar Learning.

Edwards, L. L., Edwards, J. S., & Wells, P. K. (2009). Tort Law For Legal Assistants. Clifton Park, NY: Delmar Cengage Learning.

Harb, T. (2008). 7 Essential Elements of ERM and the Role of Internal Audit. Institute of Internal Auditors. NSW Chapter Members Meeting. Page 1-8.