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Wk 2: Weekly Assignment

We discuss comparative fault (also called comparative negligence) in Chapter 9. Presume the following. One of your company’s drivers is involved in a traffic accident. Your company’s damages are $50,000 for the loss of the vehicle, which has been totaled, and $150,000 for injuries to the driver, who recovers through your company, which is self-insured.

Discussion: Vicarious Liability

The concept of vicarious liability–being liable for the acts of others–applies to both of this week’s topics, crime and torts. Often, when a large corporation is found guilty of tortious activity, the tort is clear, but who’s responsible within the corporation is not. Thus, when a plaintiff wins a large financial judgment against a corporation in a tort case, this judgment is often passed through to shareholders in the form of lower dividends or lower share prices, or to consumers through increased prices. Rarely is a top leader of the corporation held accountable. In fact, to attract good managers, corporations must offer them liability protection from shareholder suits.
Are there any solutions to this dilemma?

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Discussion: Crime in America
First of all, some basic information. The United States has the highest incarceration rate in the world–we lock up more people longer than any other country. We are also the only developed nation to use the death penalty on a regular basis–a condition of joining the European Union is not having a death penalty. So as you respond to this post, please avoid relying on the myth that the American criminal justice system is more tolerant than those of most other countries–that’s simply not true. The crime rate for most violent crimes and property crimes has also dropped significantly since 1973, although we still have much higher crime rates than many other developed nations.

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