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| Teaching Since: | May 2017 |
| Last Sign in: | 362 Weeks Ago, 6 Days Ago |
| Questions Answered: | 20103 |
| Tutorials Posted: | 20155 |
MBA, PHD
Phoniex
Jul-2007 - Jun-2012
Corportae Manager
ChevronTexaco Corporation
Feb-2009 - Nov-2016
1. Â Other than "intent" what are he differences between an intentional tort and one that is not intentional? Â for example, do they have different standards of proof? Different consequences? Other differences? Thoughts?
2. Â What are the elements required to prevail in a claim for negligence? Â What are the elements required to prevail in a claim involving strict liability? Â What are the differences between the two type of claims? Â Thoughts?
3. Â 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. Â These forms are often an attempt for doctors to remove any liability should anything go wrong. Â Should they be able to remove liability in that way? Â Why or why not?
4. Â What is a strategic plan? Â How does enterprise risk management fir in the strategic plan for a company?
5. Â What is the Alien Tort Claims Act? Â Is a claim under the Act easy to pursue, or does it apply in only narrow circumstances? Â Should the laws of the U.S. apply or the laws of the country? Â Why?
6. Â What is the difference between a tort and a crime? Â For instance, assault is an example of a dual civil tort and criminal case. Â Assault is a crime, so calling the police is an appropriate response. Â But assault is also a tort, so a person could file an assault tort case civilly. Â Given that, is a company at risk of a family member filing a tort action against them for an assault at the workplace? Â It so, what can they do to prevent and/or mitigate that risk?
7. Â An important part of risk management is to have policies, procedures and methods of preventing, detecting, and correcting problems or issues that may arise. Â Such policies can help reduce the damages arising from the tort. Â Of the three, which is most important, if any? Â Also, as problems are detected and or corrected, at what point should legal counsel get involved, if at all?
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