Assignment Week 2_Jennifer Torres

Assignment Week 2_Jennifer Torres - Business Law Professor...

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Business Law: Professor Kent Week 2 Jennifer Torres Assignment: Week 2 Case 5.2: Negligence on page 101 Case 6.1: Strict Liability on page 117 Case 5.2: Negligence Negligence has no discrimination on who is committing the offense and is defined as “the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do” (Cheeseman, 91). “A person is liable for harm that is the foreseeable consequence of his or her actions” and is stated under the doctrine of unintentional torts (negligence), (Cheeseman, 91). To fall under this doctrine, a case must show the five proofs: (1) Defendant owed a duty of care to the plaintiff (2) Defendant breached this duty of care (3) Plaintiff suffered injury, (4) Defendant’s negligent act caused the plaintiff’s injury and (5) Defendant’s negligent act was the proximate cause of the plaintiff’s injuries (Cheeseman, 91). The owner/operator of a honeybee business that employed Santos Flores, Sr. is named John Black, in which he is responsible for duty of care to his employees. This duty of care involves shielding them from unreasonable harm or risk, ensuring that it
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Business Law: Professor Kent Week 2 Jennifer Torres does not happen to them on duty. As part of this responsibility, training employees on the procedures required in the careful handling of their everyday duties, ensures safety for all while on duty. Mr. Black did not fully comply with duty of care to his employees, in a manner that which a reasonable professional would uphold this standard, by simply handing over their protective wear, and disclosing the risks and warnings they needed to know to be safe while fulfilling their duties. By his lack of disclosing the safety risks, Mr. Black committed a breach of the duty of care, resulting in the fatal injury to his employee. Per the lack of training and review of safety procedures that Mr. Black did not provide his employees, Mr. Flores would not have opened his mask causing his susceptibility to the honey bees stingers had he of been warned and properly trained.
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