I need this question answered from the attached paper. It needs to be put in presentation form and I will attach the presentation also. Create a 3- to 4-slide Microsoft® PowerPoint® presentation, including detailed speaker notes. The speaker notes should act as the script or text of the presentation.  The presentation should include the following:.Differentiate among the different kinds of torts that might affect ABC Taxi and the driver, Max Speed.Cite a minimum of 1 scholarly references.Format the presentation consistent with APA guidelines.
business_tort_and_criminal_liability.pptx

tort_laws___abc_taxi.docx

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TORTS
TORTS
Running Head: BUSINESS TORT LIABILITY
Business Tort Liability
Deeadra Hayes
LAW 531
August 17, 2016
Yolanda Nimmer-Williams
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BUSINESS TORT LIABILITY
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Business Tort Liability
The diverse sorts of tort are Intentional torts and Unintentional Torts Intentional torts are
the point at which a man plans to make harm someone else (Swisher, 2011). The distinctive
classifications that purposeful torts are under are: strike, battery, false detainment, shoplifting,
gratefulness, and intrusion of the privilege to security, slander of character, derision, distortion,
and deliberate punishment of passionate pain. Inadvertent torts are likewise called carelessness.
This is the place the litigant causes hurt by the results of his or her activities. Negligence requires
that an obligation of consideration is owing to somebody, the obligation is broken, and harm
happens to someone else due to the break furthermore causes damage.
The situation applicable in this case is the tort of managing business risks. However, the
taxi client may argue the suit in court that the taxi man had been speeding and he did screech to a
halt for her to board only to take off before she is settled in hence causing her both physical and
emotional injury.
The broken bones are an actual proof of a breach of the standard of the conduct of the
driver, and Mellissa can use the same in a court of law to proof a break of her interests by the
taxi driver. Though the tort of negligence is maybe applied on the taxi driver, the exercise of
determining the duty of care by the claimant could minimize the liability of the defendant. This
could be urged by the fact that despite the fact that the taxi driver came to a screeching stop and
was already over speeding when he got to here she continued to board the taxi. This could be a
case of negligence also to the claimant by the fact that she did not question the integrity of the
taxi driver before boarding the taxi.
BUSINESS TORT LIABILITY
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To conclude on the duty of care process of determining liability, a number of factors are
considered. These factors include the nature of damage and injury caused to the claimant. The
type of the claimant and the defendant, and the conduct of the defendant and the claimant. Active
conduct of the claimant can severally be confused for the omission on the side of the defendant
and therefore the need to get the reports of the two to argue the case diligently and conclusively.
The second test to be considered is the foreseeing a possibility of harm. In this scenario
the obligation successfully included two phases. The main stage, got from the neighbor standard,
was a relationship of closeness or neighborhood in light of predictability of mischief (Ward &
Sverchek, 2014). The second was the thought of approach elements which may adverse, lessen
or constrain the extent of the obligation, or the class of people to whom it was owed, or the
harms to which it may give rise. The two-phase test prompted expansionary choices.
This was halfway in light of the fact that the idea of obligation given predictability
without clear thought of points of reference at the principal stage was characteristically suited to
growing, instead of limiting; the law obligation successfully included two phases. The main
stage, got from the neighbor standard, was a relationship of closeness or neighborhood in light of
predictability of mischief. The second was the thought of approach elements which may adverse,
lessen or constrain the extent of the obligation, or the class of people to whom it was owed, or
the harms to which it may give rise.
The two-phase test prompted expansionary choices. This was halfway in light of the fact
that the idea of obligation in view of predictability without clear thought of points of reference at
the principal stage was characteristically suited to growing, instead of limiting, the law.
BUSINESS TORT LIABILITY
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ABC Taxi company is liable to pay Ms. Smith since there is surmountable damage that
suffered by Mellissa since the driver was acting on a contract signed between him and the
employer to avoid by all chance the possibility of getting the car hit. Therefore, in a bid to avoid
the surmounted threats by the company against the destroying of the car the driver causes injury
to the third party who in this case is the client Ms. Mellissa. It is by and large acknowledged that
the tort of terrorizing may appear as either a few gathering obstructions. For a situation including
three gatherings, ABC taxi undermines the driver with a perspective to make misfortune Ms.
Smith. Where there are just two gatherings, the company makes an unlawful risk against the
driver and cause misfortune to the client. Notwithstanding, the inconvenience of tortious risk in
this last circumstance is more disputable because it tends to darken the qualification between the
tort of terrorizing and the debilitated unlawful act.
The driver of the taxi would in this particular case b considered negligence since the
factors that considered would be what a reasonable person would have done in his
circumstances. In this case, a reasonable person would have given the oncoming bus time to stop
patiently instead of rushing in to pick the passenger and endangering his live in the process. This
is the negligence of the highest degree comparing the definition of negligence under the Tort
laws and business ethics which he did not adhere to.
The alleviation of the liabilities of the tort laws supplanting a few or a wide range of tort
risk with private or open protection—for the most part, go well past the sorts of proposition now
being considered by the Congress. They are incorporated here in light of the fact that they blow
over the qualities and shortcomings of the tort framework or give significant correlations
different alternatives.
BUSINESS TORT LIABILITY
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Defenders of this variation trust that by institutionalizing the measure of pay honored for
comparative wounds, this methodology would stop or lessen correctional harms and
compensatory recompenses for agony, enduring, and other nonmonetary misfortunes (Clarkson,
Miller & Cross, 2010). The impacts of diminishing such non-pecuniary recompenses would be
subjectively like (however not as expansive as) the consequences of virtually wiping out tort
risk. Once more, potential casualties would have better impetuses to play it safe, and danger
would be dispersed all the more proficiently (in light of the fact that shoppers would not be
verifiably paying for so highly undesirable protection for non-pecuniary harms). Be that as it
may, some injurers won’t confront adequate fines, and a few casualties won’t get full
remuneration for their agony and suffering. Therefore, the general population protection
approaches stream from its work day from case to a regulatory instrument.
For a firm to be urged to take all practical safeguards, its evaluated premiums would need
to mirror the greater part of the impacts of its activities on expected future damage costs, and the
experience rating would most likely not be that intensive. The driver will by extension have
committed the crime in the process of employment, and therefore the employer in this case ABC
taxi will be held liable for the injuries and grievances caused to the Ms. Mellissa.
The other way that the company can mitigate the cost of the tort litigation and award of
the same to third parties such as Mellissa is ensuring that they avoid negligent hiring and invest
in the on the job training of their employees (Muffler et al., 2013). For example, in this case, the
company will pay for injuries caused to Mellissa, and this would have been avoided had they
taken the time to conduct an ethics survey and the critical thinking of the driver in making some
of the crucial decisions in the absence of the employer.
BUSINESS TORT LIABILITY
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By building up a sensible evaluation of the extent to which the Taxi Company might be
exposing itself to potential obligation issues, you will have ventured out creating a useful danger
lessening technique. It is vital that this evaluation methodical, keyed to envision and neutralize
an extensive variety of legitimate activities and that it include all influenced open and private
gatherings. These valuations should be done through the employee manual evaluations, the
recruitment process and the public insurance policies that it takes to cover third parties in case of
injuries accruing from the company car accidents.
The employee manuals and the hiring process should be careful to ensure strict rules and
regulation on the code of conduct and business ethics during the undertaking of duties within the
employment tenure.
BUSINESS TORT LIABILITY
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References
Branson, D. M. (2011). Holding Multinational Corporations Accountable-Achilles’ Heels in
Alien Tort Claims Act Litigation. Santa Clara J. Int’l L., 9, 227.
Cavico, F. J., Mujtaba, B. G., Muffler, S. C., & Samuel, M. (2013). Social media and
employment-at-will: Tort law and practical considerations for employees, managers and
organizations. New Mass and Mass Communication, 11, 25-41.
Clarkson, K. W., Miller, R. L., & Cross, F. B. (2010). Business law: text and cases: legal,
ethical, global, and corporate environment. Cengage Learning.
Swisher, P. N. (2011). Virginia Should Abolish the Archaic Tort Defense of Contributory
Negligence and Adopt a Comparative Negligence Defense in Its Place. U. Rich. L.
Rev., 46, 359.
Ward, S. F., & Sverchek, K. (2014). Internet car companies offer convenience, but lawyers see
caution signs. ABA J, 13-14.

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