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Key Topics
REQUIREMENT QUESTIONS:
1. Name the crimes and/ or civil torts in this case.(3 Marks)
2. State the plaintiff and the defendant. (3 Marks)
3. Was Plaintiff’s conduct ethical? Discuss (3 Marks)
4. Name the type of lawsuit filed by United States. (3 Marks)
5. Is Hoflin liable for negligence? (3 Marks)
6. Has Hoflin met is duty of social responsibility in this case? (3 Marks)
7. Is Hoflin liable for punitive damages? (3 Marks)
Answers
1. The crimes discussed here are about criminal negligence and social crimes or victimless crimes.
2. In a court case, the plaintiff is a person or an organization or an institution which files complaint or charges against the defendant. Defendant, on the other hand, refutes those charges. The Plaintiff in this case is United States of America and the defendant is Hoflin.
3. The Plaintiff’s conduct was completely ethical because the case was initiated only on the basis of investigation which found a lot of irregularities on the part of Hoflin.
4. The type of lawsuits filed by United States is a Negligent Tort because it applies whenever a party fails to demonstrate the kind of care a prudent person would take in the same situation.
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5. Hoflin is without any doubt fully liable for the negligence that happened in the above mentioned scenarios. First of all he ordered an employee to bury the drums inside sewage treatment plant. After the recovery by the investigating team, these drums were found to have a flash point score of 65 which was dangerous.While in other scenario, paint and sludge had contaminated the soil. Therefore, he was responsible for that.
6. The social responsibility on the part of Hoflin was completely forgotten. He showed a tremendous negligence towards environment as well as society. The pollutants mentioned above had surely damaged the environment and social and hence might have impacted the lives of the people.
7. Of course, Hoflin is fully liable for the punitive or exemplary damages because it will deter him as well as others not to engage in the conduct similar to what we saw here.
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Common Law Crimes in the United States. (1947). Columbia Law Review, 47(8), p.1332.
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Kramer, V. and Neale, A. (1961). The Antitrust Laws of the United States of America. The Yale Law Journal, 70(4), p.689.
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