Business case example
My desire to improve the quality of life for others in the neighborhood led me to develop Rainbow Enterprise. The company focused on the sale of body fitness gear and instruction in healthy living. The accountant started engaging in fraudulent actions as soon as the company started tracking an increase in revenue generation, which I only discovered when an internal audit was carried out. It appears that the accountant had been stealing money from the company and falsifying financial statements to give the impression that everything was in order. On the other hand, he was breaking the rules of corporate ethics and committing a tort.Type of law applicable in the business example
The most applicable law in the business case above is the law of torts. In common law, a tort is described to as a civil wrong that causes harm or significant loss to another individual. Some of the elements that are vital in any successful tort case include causation and injury, negligence and breach of duty (Dewey, 2016). Based on the case study, it is evident that the accountant went against the set organizational ethics by engaging in the fraudulent activities and this not only had impacted the firm’s financial performance negatively but also its reputation.
Application of facts from the situation
The situation is the business case a perfect example of the common law under assessment. As a part of the organization’s ethics, all the staff members are required to be guided by integrity and be transparent in all their tasks and operation. However, the accountant goes against the ethical codes of conduct by engaging in what is termed to as a tort. One of those activities that he occasionally conducted entailed swindling the firm’s finances and making adjustments on accounting books (Shaw, 2017). However, after an audit, it was discovered the company had lost a huge chunk of its monetary returns in fraudulent ways by an accountant that only focused on meeting his selfish interests.
Summary of lessons learned during the week and their applicability with case
Tort law is vital in that it helps in determining whether an individual has to be legally accountable for an injury or a breach of duty or agreement to the other party (Edwards, Edwards, Wells & Edwards, 2012). In the business case, it is evident that the move by the accountant to siphon funds from the organization with the aim of meeting his selfish interests is against the firm’s policies and is an example of a tort. Negligence is a part of the tort law, and it calls for individuals to carry out their activities or tasks in accordance with specified code of conduct. The accountant knew all the repercussions that would have come along with his actions, yet out of negligence, he went on and swindled funds from the company. It will thus be necessary for the company to press charges on the fraudster, who will in return be required to pay damages for the negative impacts that he had brought to the business.
Conclusion
Based on the above information, that tort law is applicable in determining whether an individual is liable for breaching of duty or causing damages and injuries. The accountant’s move to defraud the business is the reason behind the financial woes that it may end up incurring in the future.
References
Dewey, J. (2016). Ethics. Read Books Ltd.
Edwards, L., Edwards, J., Wells, P., & Edwards, L. (2012). Tort law. Clifton Park, NY: Delmar Cengage Learning.
Shaw, W. (2017). Business ethics. Boston, MA: Cengage Learning.
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