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Week Two Discussion Questions What are the elements of negligence?

? How does an intentional tort differ from negligence? Provide examples. How does the strict liability doctrine apply to the practice of accounting? Provide examples. An event that causes unintentional harm to another party by accident is negligence (Melvin !"##$. %here are five elements that indicate a party is negligent& duty breach of duty cause in fact proximate (legal$ cause and actual damage (Melvin !"##$. An intentional tort references the actions of a person or corporation that is considered willfully malicious in action (Melvin !"##$. 'f the actions are done to intentionally result in the harm of another from an event the action is considered intentional whereas negligence refers to the unintentional or accidental event resulting harm to another. %he strict liability doctrine is a tort that holds the perpetrator of an event liable regardless of intent (Melvin !"##$. (or instance if a corporation is paid to provide accounting services to a customer and the actions of the service provider directly result in a ban)ruptcy due to negligence or incompetence the service provider may be liable for the damages. *eference Melvin +. P. (!"##$. %he legal environment of business& A managerial approach& %heory to practice. ,ew -or) ,-& Mc.raw/Hill0'rwin. 1oes the (irst Amendment to the 2.+. 3onstitution protect defamation? 4xplain why or why not. What is the relationship between the (irst Amendment of the 2.+. 3onstitution and censorship when doing business? 4xplain. When a person or corporation ma)es false and defamatory statements that cause harm to another5s reputation this action is referred to as defamation (Melvin !"##$. %he (irst Amendment of the 2nited +tates 3onstitution states that congress shall ma)e no law that abridges free speech (2.+. 3onstitution #678$. 4ven though the first amendment ensures the right to free speech it does not guarantee the right to ma)e false statements that directly result in damage to another. 3orporations have the same rights as people when doing business in the 2nited +tates. %he (irst Amendment holds true for a corporation 9ust as it does for the individual. %his means corporations are held to the same standards of defamation as an individual. *eference Melvin +. P. (!"##$. %he legal environment of business& A managerial approach& %heory to practice. ,ew -or) ,-& Mc.raw/Hill0'rwin. 2.+. 3onstitution. (#678$. :ill of *ights. *etrieved on +eptember ; !"#! from http&00www.archives.gov0exhibits0charters0bill<of<rights<transcript.html.

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