Reference no: EM13877155
1. Other than "intent" what are he differences between an intentional tort and one that is not intentional? for example, do they have different standards of proof? Different consequences? Other differences? Thoughts?
2. What are the elements required to prevail in a claim for negligence? What are the elements required to prevail in a claim involving strict liability? What are the differences between the two type of claims? Thoughts?
3. When my wife went in to have a medical procedure done, when was there for at least 30 minutes just signing acknowledgments, notice and waivers telling her everything that could go wrong. These forms are often an attempt for doctors to remove any liability should anything go wrong. Should they be able to remove liability in that way? Why or why not?
4. What is a strategic plan? How does enterprise risk management fir in the strategic plan for a company?
5. What is the Alien Tort Claims Act? Is a claim under the Act easy to pursue, or does it apply in only narrow circumstances? Should the laws of the U.S. apply or the laws of the country? Why?
6. What is the difference between a tort and a crime? For instance, assault is an example of a dual civil tort and criminal case. Assault is a crime, so calling the police is an appropriate response. But assault is also a tort, so a person could file an assault tort case civilly. Given that, is a company at risk of a family member filing a tort action against them for an assault at the workplace? It so, what can they do to prevent and/or mitigate that risk?
7. An important part of risk management is to have policies, procedures and methods of preventing, detecting, and correcting problems or issues that may arise. Such policies can help reduce the damages arising from the tort. Of the three, which is most important, if any? Also, as problems are detected and or corrected, at what point should legal counsel get involved, if at all?
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