Legal Concepts In Business Managerial Settings Paper
Legal Concepts in Business Managerial Settings
LAW 531
January 13, 2014
Legal Concepts in Business Management Settings
The case Team B chose to study and analyze is Beckman v Match.com. Mary Kay Beckman joined Match.com and dated another Match.com client, Wade Mitchell Ridley, for a short time. Following the break-up Ridley began harassing Beckman by sending threatening text messages. The harassment escalated to violence and resulted in Ridley attacking Beckman in her home, repeatedly stabbing and kicking her. Beckman was seriously injured and hospitalized and ultimately filed a lawsuit against Match.com, claiming five causes of action including one federal law claim for deceptive trade practices (Yip, 2013). The team studied the legal concepts of the case and how they can be applied within a business managerial setting. …show more content…
Communications Decency Act
Section 230, of the Communications Decency Act (CDA) of 1996 was written with two major objectives. First, was to protect children from Internet pornography by encouraging Internet providers and websites to censor content. The second objective was to promote freedom of expression on the Internet. Section 230 grants immunity from tort liability to all websites and ISPs that are not responsible for creation or development of tortious content (Dickinson). This immunity was claimed by Match.com and agreed to by the courts. Match.com was not held responsible for the content of what was published and posted by their members ("Dating Site Not Liable For User 's Brutal Attack On Fellow Use", 2013). This act and specifically Section 230 may be used by any business that provides the vehicle (website or ISPs) for others to communicate in defense of a claim of tort or liable. Facebook, Craig 's List, and eBay are examples of companies that are used by the public to post content but do not generate that content.
One application for business managers of ISP is to create and enforce limits to ensure that the company remains protected by the CDA. Specifically, the CDA provides immunity to ISP for content generated by the users of their networks (Cheeseman, p. 285, 2013). However, if the ISP also generated content, the CDA immunity does not apply and the ISP would be liable for any content it generated. Therefore, to ensure the company remains protected, the ISP should limit its activities to only providing the networks. If there are elements within the company that want to also generate content, the ISP should incorporate them as a separate legal entity. The ISP would retain the immunity granted by the CDA and the separate entity would be liable for all the content it generates. The ISP’s immunity would be valid even if the ISP was the only shareholder of the new company. However, the ISP must ensure no mingling of funds or activities that would generate legal grounds for piercing the corporate veil that separates the ISP and the new company.
Defense against Negligence As in the case of Beckman v.
Match.com where the Communications Decency Act was upheld by the court in favor of Match.com; managers should examine liability obligations as well as laws protecting or defending their business. Applying a defense against negligence in a business managerial setting involves managers researching laws providing immunization against negligent allegations. According to the article, what is Negligence and how do I Defend against Negligence? Possible defenses against negligence include "(1) challenging the status of the plaintiff and the corresponding duty of care, (2) asserting that it acted in accordance to the requisite standard of care, (3) attacking the causal link between act or omission and harm or injury, or (4) questioning whether the plaintiff suffered any actual loss" (Inc., 2014). Some states also maintain the doctrine of contributory negligence prohibiting a plaintiff from recovering the percent of damages which he is at fault. Therefore, in a business managerial setting knowledge of specific state laws is a necessity and possible legal risk involved within the
business.
Conclusion
In conclusion, Section 230 of the Communications Decency Act (CDA) of 1996 was created to protect children from internet sites by censoring content and providing people the same freedom of speech allotted in their day to day lives, but in virtual or online setting. The CDA currently grants immunity from tort liability to all Internet sites and ISPs are not responsible for the content that is loaded on the website. ISPs will be liable for information that they generate and load on to the site. Match.com was not liable for any damages and did not act negligent. Beckman met someone and that person turns out to be violent. Match.com did not have anything to do with it since Match.com just provides the site, not the people or content.
References
Cheeseman, H.R. (2013). Business Law (8th ed.). Retrieved from The University of Phoenix eBook Collection database.
Dating site not liable for user 's brutal attack on fellow use. (2013). Retrieved from http://web.ebscohost.com.ezproxy.apollolibrary.com/ehost/detail?vid=3&sid=355e4d2a-c937-4859-99d6- Dickinson, G. (n.d.). Retrieved from www.harvard-jlpp.com/33-2/863.pdf
Inc. (2014). Retrieved from http://www.inc.com/articles/1999/11/15373.html
LAW 531
January 13, 2014
Legal Concepts in Business Management Settings
The case Team B chose to study and analyze is Beckman v Match.com. Mary Kay Beckman joined Match.com and dated another Match.com client, Wade Mitchell Ridley, for a short time. Following the break-up Ridley began harassing Beckman by sending threatening text messages. The harassment escalated to violence and resulted in Ridley attacking Beckman in her home, repeatedly stabbing and kicking her. Beckman was seriously injured and hospitalized and ultimately filed a lawsuit against Match.com, claiming five causes of action including one federal law claim for deceptive trade practices (Yip, 2013). The team studied the legal concepts of the case and how they can be applied within a business managerial setting. …show more content…
Communications Decency Act
Section 230, of the Communications Decency Act (CDA) of 1996 was written with two major objectives. First, was to protect children from Internet pornography by encouraging Internet providers and websites to censor content. The second objective was to promote freedom of expression on the Internet. Section 230 grants immunity from tort liability to all websites and ISPs that are not responsible for creation or development of tortious content (Dickinson). This immunity was claimed by Match.com and agreed to by the courts. Match.com was not held responsible for the content of what was published and posted by their members ("Dating Site Not Liable For User 's Brutal Attack On Fellow Use", 2013). This act and specifically Section 230 may be used by any business that provides the vehicle (website or ISPs) for others to communicate in defense of a claim of tort or liable. Facebook, Craig 's List, and eBay are examples of companies that are used by the public to post content but do not generate that content.
One application for business managers of ISP is to create and enforce limits to ensure that the company remains protected by the CDA. Specifically, the CDA provides immunity to ISP for content generated by the users of their networks (Cheeseman, p. 285, 2013). However, if the ISP also generated content, the CDA immunity does not apply and the ISP would be liable for any content it generated. Therefore, to ensure the company remains protected, the ISP should limit its activities to only providing the networks. If there are elements within the company that want to also generate content, the ISP should incorporate them as a separate legal entity. The ISP would retain the immunity granted by the CDA and the separate entity would be liable for all the content it generates. The ISP’s immunity would be valid even if the ISP was the only shareholder of the new company. However, the ISP must ensure no mingling of funds or activities that would generate legal grounds for piercing the corporate veil that separates the ISP and the new company.
Defense against Negligence As in the case of Beckman v.
Match.com where the Communications Decency Act was upheld by the court in favor of Match.com; managers should examine liability obligations as well as laws protecting or defending their business. Applying a defense against negligence in a business managerial setting involves managers researching laws providing immunization against negligent allegations. According to the article, what is Negligence and how do I Defend against Negligence? Possible defenses against negligence include "(1) challenging the status of the plaintiff and the corresponding duty of care, (2) asserting that it acted in accordance to the requisite standard of care, (3) attacking the causal link between act or omission and harm or injury, or (4) questioning whether the plaintiff suffered any actual loss" (Inc., 2014). Some states also maintain the doctrine of contributory negligence prohibiting a plaintiff from recovering the percent of damages which he is at fault. Therefore, in a business managerial setting knowledge of specific state laws is a necessity and possible legal risk involved within the
business.
Conclusion
In conclusion, Section 230 of the Communications Decency Act (CDA) of 1996 was created to protect children from internet sites by censoring content and providing people the same freedom of speech allotted in their day to day lives, but in virtual or online setting. The CDA currently grants immunity from tort liability to all Internet sites and ISPs are not responsible for the content that is loaded on the website. ISPs will be liable for information that they generate and load on to the site. Match.com was not liable for any damages and did not act negligent. Beckman met someone and that person turns out to be violent. Match.com did not have anything to do with it since Match.com just provides the site, not the people or content.
References
Cheeseman, H.R. (2013). Business Law (8th ed.). Retrieved from The University of Phoenix eBook Collection database.
Dating site not liable for user 's brutal attack on fellow use. (2013). Retrieved from http://web.ebscohost.com.ezproxy.apollolibrary.com/ehost/detail?vid=3&sid=355e4d2a-c937-4859-99d6- Dickinson, G. (n.d.). Retrieved from www.harvard-jlpp.com/33-2/863.pdf
Inc. (2014). Retrieved from http://www.inc.com/articles/1999/11/15373.html