Business Ethics and Law

This report discusses the concept of tort and duty of care in the context of Extortionate PLC. It examines whether the organization is liable for Samantha's injury and explores ethical considerations for banking in relation to the public. The report also presents defending points for Extortionate PLC.

BUSINESS ETHICS
AND LAW

Table of Contents
INTRODUCTION...........................................................................................................................2
MAIN BODY...................................................................................................................................2
Explanation of Trot and Duty of Care........................................................................................2
Doctrine of tort consider whether Extortionate PLC is liable for Samantha’s injury.................3
Ethical Consideration for banking in context of public..............................................................3
Defending point for Extortionate PLC........................................................................................4
CONCLUSION................................................................................................................................5
REFLECTION.................................................................................................................................6
1

INTRODUCTION
Trot is a civil wrong which used to cause someone a loss or the harm. This report is based
on the case study of “Trot negligence: Extortionate PLC”. This report highlights explanation of
trot and Duty of care. After that report highlights view of point is organization is liable for
injury. After that report highlight different ethical consideration and defending point for
Extortionate PLC.
MAIN BODY
Explanation of Trot and Duty of Care
Tort in the eye of the Law is define as a civil wrong which used to cause someone a loss or
the harm. Tort can include the variety of the thing such as international infliction of emotional
negligence, financial losses, injuries and many others things (Bermingham and Brennan, 2018).
There is a tort law, which was developed for the purpose of safeguarding variety of the private
civil remedy such as damages, criminal law and punishing the one who is involved in doing the
same activity in the organization. A person in the organization who used to commit the variety of
the different wrong full act is known as Tortfeasor. There are two different type of the trot that id
crimes and legal injury, crime hear does not mean that cause of the legal action in the civil trot is
not necessary to be the criminal action, it may be due to the negligence. Victim of the same can
recover the loss as a damage of the Lawsuit. At the same time in the case of the legal injury it is
not necessary to have a physical injury; it may include the injury like emotional or the
reputational injury (Climent, 2018).
Under the trot law, Duty of care is a legal obligation which is generally applied on the
individual who is requiring a standard of the reasonable care in context of any of the act in the
organization which can harm others in the organization. Care of the Duty is one of the first
element which is generally eshtablish to carry out any of the other action in context of the
negligence (Wright, 2017). Claimant in front of the court has to prove that Tortfeasor has fallen
short in carrying out any of the care duty in the organization. Duty of the care must be imposed
by the operation of the law but eventually become related in some manner. Duty of the care is
also consider as a formulation of the social contract as well.
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Doctrine of tort consider whether Extortionate PLC is liable for Samantha’s injury
After going through the doctrine of the tort it has been identified Extortionate PLC, is the
liable for Samantha’s injury, as the case study shows that Extortionate PLC has breached the care
of the duty. As it is the duty of Extortionate PLC to provide the workplace where Claimants are
not harmed by any of the company fault but the organization has negligatd the same, as the
carpet of the company was come of significantly at the side this has played a variety of the issue
for the company in seeing a good amount of the individual used to sleep from the stairs and got
them injured in the same was as Samantha as got injured. As explained above also duty of the
care generally means, it is the legal obligation which has to consider by all the organization at the
time performing any of the activity and has to make sure that the activity which is performed by
them in the market do not harm any other (Palombo, 2019). So in the above study it is clearly
identify that Extortionate PLC has breached this sort of the legal obligation in the organization,
so it is liable to pay the different remedies of the injury which has been occurred to the
individual. As trot Law used to specify that physical injury is also come under the law of the trot
and Tort feasor has to provide the remedy about the same which will be decided by the court. It
can be said that Extortionate PLC is liable for the Samantha’s injury, what will be the remedies it
can only be decided by the court by hearing the defence of both the party.
In the words of the law there are three different element of the Trot i.e. breach of the
duty, causation and injury. First thing is there must be breach of the duty, in the Case of
Samantha’s breach of the duty was not providing good condition to customer, Another one is
causations which was not followed by the company as it was not the first case out of all and the
last one was the damage which has been caused to the Samantha’s. So in the eye of the Law also
Samantha’s is liable to have remedy of the same (Buchheit, 2019).
Ethical Consideration for banking in context of public
There are many different type of the ethical issue that are specifically related to the
banking sector as a whole some of the ethical consideration which are liable for all the banking
organization is to follow is as follows:
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Non manipulation of financial record: It is the ethical duty of all the bank toward the public
of the nation that they used to provide a clear image of the financial record of the public. As
public used to trust them and used to provide the variety of the financial document, in return it is
the duty of all the banking organization that they used to not manipulate any of the financial data
of the individuall (Simmons, Zillman and Furbish, 2019).
Privacy of Customer Information: It is another ethical duty of all the financial organization
they they used to maintain a good sort f the confidentiality in term of the customer personal
information. As bank are the one in the market who are having good sort of the financial
information regarding the customer, so it is the responsibility of all the bank that they used to
maintain a good sort of the confidentiality in the organization in term of the safeguarding the
privacy issue of the company.
Safety of the Customer: It is another important responsibility for all the organization or
for all the banking organization as a whole, as it has been identified that it is the responsibility of
all the organization that all the customer are safer and there is no harm to them from any of the
banking activity which are being carried out in the organization. So it is the core responsibility of
all the organization to make sure that there is no sort of the harm to the customer in the bank.
Informed Consent: It is another important ethical responsibility which has to be followed
by all the bank in the long run, as it is the responsibility of the bank to pass on all the information
about the account and make sure that all the consent are having good sort of the information
about the different activity which will be taking place in their account. As not doing the same in
the organization will be impacting the right to be informed which is possess by all the customer
(Goldberg, Sebok and Zipursky, 2016).
Defending point for Extortionate PLC
Looking at the case study it has been analysed that Extortionate PLC is not having that sort
of the statement to defence in front of the court but it can be said that Extortionate PLC can
defend their end by proving that the injury which has been occurred to the Samantha’s was not
due to the carpet in the organization, as there are many way through which a person can fall but
as there are many others who has been fallen from the stairs due to the same issue in the
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organization. Another point on which Extortionate PLC can defence is proving that the bank
used to follow the care of the duty in the organization and also used to follow all the ethical issue
in the long run, this will eventually help the Extortionate PLC in defending something in front of
the other (Hoover and Buzdar, 2017). Looking at all the aspect and the case study it can be said
that there are many few point in front of the Extortionate PLC on the basis of the same they can
defend their case. As case study shows that organization has breached the legal obligating and
also not taken any sort of the causation for the same in the market, so it used to meet all the three
aspect of trot of negligence and there is nothing to defend against the same for Extortionate PLC
(Chamallas, 2019).
CONCLUSION
After going through report it has been concluded that Extortionate PLC is liable for the
injury of Samantha’s as it has been identify that organization has breached the care of the duty in
the organization, So Extortionate PLC is liable for the injury which has been caused due to fall
from the stairs.
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REFLECTION
Bermingham, V. and Brennan, C., 2018. Tort law directions. Oxford University Press.
Wright, J., 2017. Tort law and human rights. Bloomsbury Publishing.
Palombo, D., 2019. The duty of care of the parent company: A comparison between French law,
UK precedents and the Swiss proposals. Business and Human Rights Journal. 4(2).
pp.265-286.
Simmons, J. H., Zillman, D. N. and Furbish, R. H., 2019.Maine Tort Law. LexisNexis.
Goldberg, J. C., Sebok, A. J. and Zipursky, B. C., 2016.Tort Law: Responsibilities and Redress.
Aspen Publishers.
Chamallas, M., 2019. Feminist legal theory and tort law. In Research Handbook on Feminist
Jurisprudence. Edward Elgar Publishing.
Hoover, T. C. and Buzdar, A., 2017. Ethical Considerations in Human Subjects Research:
Emerging Issues in Cancer Research. In Ethical Challenges in Oncology (pp. 145-
157). Academic Press.
Buchheit, L. C., 2019. Ethical considerations in the representation of sovereign clients.
In Research Handbook on Law and Ethics in Banking and Finance. Edward Elgar
Publishing.
Climent, F., 2018. Ethical versus conventional banking: A case study. Sustainability. 10(7).
p.2152.
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