Organizations and Liability

 

Select two of the scenarios provided below. Analyze the facts in the scenarios and develop appropriate arguments/resolutions and recommendations. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source

 

scenario II – Organizations and Liability

Vance Armstrong was the sole incorporator of Triathlon Training Inc., a corporation designed to operate a training center for triathletes of all ages. The business was incorporated according to Florida law in January 2015, with Armstrong as the sole director and shareholder. Armstrong contributed $20,000 of starting capital, which was just enough to make minor repairs to the property he purchased for $400,000 with a loan from the bank. The corporation had no liability insurance. On June 15, 2015, the center opened for business. Over the next few months, the corporation operated with a profit.
In July, Armstrong took a two-week vacation in France and used a check written on the company bank account to purchase his airline ticket. In September, Armstrong decided to have the pool resurfaced. Because business had slowed and the corporation’s bank account did not have sufficient funds, Armstrong wrote a personal check to cover the work. Armstrong feared he would not make enough money through the winter to turn a profit, so he decided to work a part-time job selling fitness equipment as an independent contractor for Bowflex. Armstrong used the training center’s office phone to make calls, the copy machine for copies, and the computer for searches. He made a substantial profit, which was maintained in a third bank account not associated with Triathlon Training or his personal account.
On April 1, 2016, a child with a mild learning disability drowned in the pool while training for the local children’s triathlon. The parents brought a suit for wrongful death against Triathlon Training Inc. and against Armstrong in his individual capacity as owner. At the time of the suit, the corporation had less than $2,500 in its bank account. Because of these limited funds, the child’s parents hoped to recover most of their damages directly from Armstrong, who lived in a mansion on the beach.

Will the parents be successful in holding Triathlon Training Inc. liable for the child’s death?
What should the parents argue in order to hold Vance Armstrong liable in his individual capacity? Will the parents prevail? Why or why not?
How could Armstrong have protected himself against this type of potential liability?
Scenario III—Insider Trading

During a session with her doctor, Billy Mooney, Maggie Mason mentioned in confidence the imminent merger of Walgreens with Rite-Aid. Mason’s ex-husband, Gus Mason, was on the board of directors at Walgreens. Mooney communicated the information to a securities broker, Olive Green, who immediately made trades in Walgreen’s securities for her own account and for her customers’ accounts.

Did Mooney, Maggie Mason, Gus Mason, or Olive Green engage in illegal insider trading? Explain the potential culpability of each party. Include possible civil or criminal penalties for each party.
Was the conduct of the parties ethical?

Sample Solution

There are many child protection agencies such as NSPCC (Anon., n.d.) Child Exploitation Online & Protection Centre (CEOP) (Anon., n.d.). the equality act 2010 protects children, young people against harassment, victimisation and discrimination in relation to education, clubs and services for example disability, marriage and civil partnership and pregnancy and maternity (Anon., n.d.), the Human rights Act 1998 brings European convention of human rights into the English law (Anon., n.d.)
Economic factors in the organisation are inflation, wages, taxes, this affects the organisation because of the rise of inflation with services going up and the wages as well. The economy of the UK directly affects Government funding to the project.

The economic environment affects the income level of the people living in the UK. The economy now is in an okay state, but I think could be better. Dream Academy Performing Arts charge £32 which can be affordable for some but could be hard on other especially with some parent only have one main earner. The impact of this for Dream Academy Performing Arts is that they may lose customers because of some families may come into problems for example redundancy. I think they are meeting their expenditure and it is profitable but obviously if they are losing people then it could bring their expenditure and profits down, I do think they could afford to make the price higher because it could turn people away which would mean they lose business. As this company does not receive any funding from the government or any local resources it is mainly funded by parents. (Anon., n.d.)

Social factors in the organisation are religion, family or wealth, this affects the organisation because the company must use equal opportunities for all children and adults.

The social factors affecting Dream Academy Performing arts are that medication is always changing, (Anon., n.d.), low numbers of carers for people with disabilities, the society opinion on disability some people with disabilities are having their rights violated and comes under the 2010 equality act (Anon., n.d.), with the 2010 equality act it covers discrimination this includes extending protection against indirect discrimination

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