Law for Business Managers: Case Studies, Torts, and Corporation Law

This report delves into crucial aspects of business law, offering a comprehensive analysis of torts, negligence, and corporate law. It explores real-world case studies, such as scenarios involving promises made by Sergio, the liability of Extortionate PLC for Samantha's injury under the doctrine of tort, and the concept of a corporation as a legal entity or artificial person. The report examines the elements of negligence, strict liability, and the awarding of damages, including compensatory and punitive damages, with a reference to the case of Liebeck v. McDonald’s Restaurants. It also clarifies the characteristics and implications of artificial personality in business law, including legal rights, public influence, and the right to file lawsuits. The conclusion summarizes the key concepts discussed, providing a solid foundation for business managers and students alike.

Law for Business
Managers

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
PART-1............................................................................................................................................1
Solutions regarding issues sergio made promises..................................................................1
PART-2............................................................................................................................................1
Under doctrine of tort consider whether Extortionate PLC is liable for Samantha’s injury.. 1
PART-3............................................................................................................................................4
‘A corporation may be defined as a legal entity or artificial person’.....................................4
CONCLUSION................................................................................................................................5
References .......................................................................................................................................6

INTRODUCTION
Studying concept of business law is very crucial as it gives basic understanding to
business owners, managers and any other professional person, to take correct decision. The body
of law is huge and vast which comprises many division to understand basic concepts and things.
Clarity is required by such people to apply and imply such concepts while working and creating
a business setup including the fact that certain areas of aspects which needed to be done in
required period of time (Zang, Feng and Guo, 2018). Any business needs such laws and
regulations which have to provide stability and protection for general public involved in it at
certain stages. This gives a certain mechanism to work with an give a stability in resolving
disputes and issues arising in organisation. Business managers need to understand all such to
apply it in time of need and create a better solution as per requirement & sources available. The
file mentioned below revolves around with many case laws to explain such concepts with clarity
and proper transparency (Gurrea-Martínez, 2018).
MAIN BODY
PART-1
Solutions regarding issues sergio made promises
A) To give his son Alexander £5,000 if he abandoned his career as a chef and qualified as a
solicitor.
B) To pay his secretary Liam £500.00 for having been willing to give up his lunch hour when
necessary during the previous three months.
C) To pay Natasha, who has a contract with a local newsagent to deliver newspaper in the area,
£10 if she delivers it by 8am every day for one month and if she manages to put the newspaper
through the letterbox without tearing.
PART-2
Under doctrine of tort consider whether Extortionate PLC is liable for Samantha’s injury.
In case scenario given in this case Samantha and many other people got similarly injured
after exiting office of Extortionate PLC. This incident has been repeating from several times and
has made people intervene in this many times. There have been cases recorded and several
customer have been claiming for compensation from Extortionate PLC. In this case as per the
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tort rule of negligence company shall be held liable in this matter. The certain facts which are
regulating here are related to the following legit case laws. There are some basic concepts which
need to be understood in this case law and have to be made under certain circumstances. The
following elements to understand things more briefly are mentioned below as well as the tort
laws and it functions as well (Li and et. al., 2018).
The victim who is harmed in any of such incidents or accidents have a full right to claim
amount and file a lawsuit for loss of damage in court. In such cases the injured party i.e. plaintiff
must prove burden of loss and breach of duty from defendants side and then can claim a certain
amount or solution which will rectify situation from his side. This is said be legally recognizable
cause as per any harm. Some terms need to defined for explaining these properly are given
below:
Legal injuries are not restricted to one area and it is also related to the terms of emotional,
physical as well as reputation injuries causing harm towards privacy, property or harming any of
the constitutional rights. The laws of Torts includes many factors which ultimately are reverted
towards the topic of negligence. Which in simple terms means that a person has caused to to
another without having such intention. This come with a strict liability clause which all
organisations and other people have to make it possible in term to follow. Under the factor of
strict liability injured person or individual does not need to prove that the organisation or firm is
negligent in nature and just have to win the claim or amount for recovery in loss (Trad and
Kalpić, 2019).
There are two things which distinct it from criminal law such as:
 Tort can appear from negligence, intentional as well as criminal actions (Light, 2019).
 In such case laws the burden of prof is very less and “preponderance of evidence” is
required rather than “beyond a reasonable doubt.”
In case of tort law its imposed on the liability on a person or organisation without even
pointing gout there mistake or any other issue. The main him here is to have the correct liability
which shall be understood by the person or the organisation in which they can actually claim it as
a matter of fact if they forget to mentioned in this case scenario. The person is seeking such tort
need to only prove the fact that such tort has occurred and the defendant has perform it on which
he is being blamed. In such condition's strict liability is given and the matter is legit in nature to
impose or get opposed in such factors. The main area is here to to show that the basic
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responsibilities which are to be maintained by the defendant is correct and have top proven in
such matter of fact. On such cases negligence is proven en as the defendant did not full fill all
the things which are acquired in this case scenario. And the matter has become a lot big. In this
particular case of Samantha it was proven before as well that such indents have happened before
and many people have been claimable to such negligence and strict liability clause form
organisation (Rammeloo, 2019).
In this case scenario the negligence for compensation and punitive damages will be
applied. In this type of negligence if any person or organisation is claiming any sort of tort under
concept of legal remedy then its known to be award for damages. Its done for restoring the or if
the person is involves in concept of giving such tort laws. In such cases usually an award for
money is given to a significant person in exchange of making things even between them. Usually
assigned by court after loss of damages in proven by victim. (Singer, 2018).
These damages are usually classified in two terms such as compensatory and punitive
damages. In the punitive damage one has to form certain similarity in such case laws and by
pursuing a person with many several clauses and making it possible for them in the name of
damages. These are usually given in some certain cases where such blatantly negligence is
proven by victim or person affected through such incident of negligence from accused party. In
this case the organisation should have had fixed the carpet and states issue as it was recorded to
them by many people, but even after that they took no responsibility in such case. This made it
very difficult for them in making certain principals and make a prominent response towards it.
This can be understood by a case law Liebeck v. McDonald’s Restaurants, (1994), where a
waitress at McDonald dropped a cup of hot coffee at some customers lap, this who scene was a
legit negligence and no where was the intention of the waitress to spill the coffee. This caused
tow and three degree burns on her lap and caused a lot of harm to skin and tissues. These burns
were required to get sorted in around $20,000 for which she claimed McDonald. Later it was
discovered that similar complaint was filled to McDonald about here coffee and the burns it has
caused in past as wee. The jury was set and around $160,000 amount of compensation was given
to Liebeck. This case was led under punitive damages and such other claims were also given by
organisation to victims gone under same reaction or accident.
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PART-3
‘A corporation may be defined as a legal entity or artificial person’
Artificial personality
It is a person who is a legal entity which has certain rights and duties given by law and
order. This can actually be a real human being or something imaginative to be done with several
legal rights they might have. Its actually an fictitious person and juristic person, created with
help of law. This has many rights and laws which are connected to them plus the various reasons
such as making the correct relations and things which are interrelated are also. This person has
many rights and in case of wrong doings they can get sued and can also file a law suit against a
person and also an organisation (Stahn 2018).
This artificial person has several directors which take decision for it and make it work in
business environment, in case of any decision which might repel in business the organisation will
face the problems but no person related to it will be caused harm personally in monetary terms.
In this term whole concept will revolve around fact that several people are found in correct
workings of such place. In case company reaches a place of being bankruptcy no number or
director will require to bear the burden of prof and they shall implement it in nature of creating
various changes. The company's assets will get dissolved to pay for losses and no director shall
be held liable personally in such claims.
Main features of artificial personality.
Legal rights: this person has many legal rights such as any other legal person. In such cases it
can be considered that they have various rights and legal positions such can depend upon
consistent nature and perception of being a legit person who cannot get cheated and misguided.
They are protected by law and any kind of misshapen with them will be in lane of filling law suit
for them (Tikotsky, Pe'er and Feldman, 2019).
Public figure: They are things which can be admired by people or policies which are regulated
in them. They have a mass influence because of which they should keep their track record good
and towards well fair of society.
Rights to file lawsuit: In case any person is filling law suit for disputes with organisation, they
have a legal right to file law suit in return if they have to make certain changes and regulations in
such areas.
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CONCLUSION
In file mentioned above basic concept of torts law and negligence is discussed briefly.
Concepts have been explained briefly with help of case laws and acts which are involved in
understanding this concept. The concept is explained with brief factors of having case laws in to
it and then again certain aspects such as having the power of explaining the rules and rights of
artificial person and the elements which are related to it. Also, breach of duty and the rights
related to it are also given above. The main aspect to be covered is working in the section of
configuring areas.
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References
Books and journals
Gurrea-Martínez, A., 2018. Re-examining the law and economics of the business judgment rule:
notes for its implementation in non-US jurisdictions. Journal of Corporate Law
Studies. 18(2). pp.417-438.
Li, F and et. al., 2018. Moral judgment in a business setting: The role of managers’ moral
foundation, ideology, and level of moral development. Asia Pacific Journal of
Management. 35(1). pp.121-143.
Light, S. E., 2019. The law of the corporation as environmental law. Stan. L. Rev. 71. p.137.
Olivares-Caminal, R. and Bodellini, M., 2018. The UK regulation on alternative investment fund
managers: a difficult compromise between two different legislative approaches. Journal
of Banking Regulation. 19(1). pp.73-85.
Rammeloo, S., 2019. Companies & Firms in a Cross-Border EU Context: The Hybrid Legal
Status of Managers in Cross-Border Civil Procedural Law… and Further…. European
Company Law. 16(4). pp.104-105.
Singer, A., 2018. Justice failure: Efficiency and equality in business ethics. Journal of Business
Ethics. 149(1). pp.97-115.
Stahn, C., 2018. Liberals vs Romantics: Challenges of an emerging corporate international
criminal law. Case W. Res. J. Int'l L. 50. p.91.
Tikotsky, A., Pe'er, E. and Feldman, Y., 2019. Which nudges do businesses like? Managers’
attitudes towards nudges directed at their business or at their customers. Journal of
Economic Behavior & Organization.
Trad, A. and Kalpić, D., 2019. The Business Transformation Framework and its Business
Engineering Law support for (e) transactions. In Advanced Methodologies and
Technologies in Business Operations and Management (pp. 230-246). IGI Global.
Zang, J., Feng, Y. and Guo, Y., 2018. Correlation between Business Administration and
Economic Development. Business Administration and Management
(TRANSFERRED). 1(1).
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