{br} STUCK with your assignment? {br} When is it due? {br} Get FREE assistance. Page Title: {title}{br} Page URL: {url}
UK: +44 748 007-0908, USA: +1 917 810-5386 [email protected]
  • QUESTION

     DB 9: Defenses to Negligence and Remedies 

    research interspousal immunity in Florida. Define interspousal immunity, identifying the types of torts that may be brought against a spouse, and identify what types are disallowed because immunity applies. Make sure to cite the appropriate Florida Statutes.

    Your PowerPoint will be graded as follows:
    • Content: 60%
    • Clarity: 20% (Proper vocabulary, grammar, and spelling)
    • Citations: 10%
    • Creativity: 10%

    300 WORDS

 

Subject Law and governance Pages 3 Style APA

Answer

  1. Interspousal Immunity in Florida.

    Interspousal immunity is a common law doctrine, which prohibits spouses from suing each other. The immunity was set to stop spouses from successfully prevailing in civil cases for recovery of damages in the case of a personal injury (Houlgate, 2017). The concept and doctrine of interspousal immunity appeared in the 1960s when the prevailing idea that a woman’s legal identity merged with her husband’s upon marriage. It originated from the biblical where doctrine where husband and wife are one in marriage. “Therefore, shall a man leave his father and his mother, and shall cleave unto his wife, and they shall be one flesh.” (Luis, 2020). The ground of interspousal immunity is necessary to preserve harmony and prevent fraud and conspiracy in marriage. However, this immunity has been judicially amended in many states, including Florida, and only a few jurisdictions now recognize interspousal tort immunity.

    The Florida Supreme Court in Waite v. Waite 618 So.2d 1360 (Fla. 1993), amended the doctrine of interspousal immunity for all tort causes of action, thereby allowing spouses to sue each other for damages from tortious acts. “The common law is hereby abrogated with regard to the intentional tort of battery, and the ability of a person to sue another person for the intentional tort of battery shall not be affected by any marital relationship between the persons.” (Luis, 2020). Some of Florida courts’ claims have recognized as tort are claims of negligence, fraud and deceit, intentional infliction of emotional distress, and battery (Hipler, 2020). Procedurally, these torts claims may be asserted during parties’ marriage or as separate claims in a dissolution of marriage action. However, not all tort claims that one spouse may wish to bring against the other are available under Florida law. For example, suppose the basis of a tort claim is the depletion of marital assets during the marriage, such claims cannot be brought as a separate cause of action in tort. However, it may only be considered within the context of a dissolution-of-marriage action (Hipler, 2020).

     

     

References

 

  • Hipler, H. M. (2020). You Can’t Always Get What You Want: Applying Intentional Dissipation, Waste, Depletion, and Destruction of Marital Assets in Dissolution of Marriage Proceedings Pursuant to Section 61.075 (1)(i) of the Florida Statutes. Fla. Coastal L. Rev., 20, 19.

    Houlgate, L. D. (2017). Family Torts and Remedies. In Philosophy, Law and the Family (pp. 143-168). Springer, Cham.

    Luis, E. I. (2020). Pleading tort claims between spouses in family law cases. https://www.lei-law.com/pleading-tort-claims-between-spouses-in-family-law-cases/#:~:text=1993)%2C%20the%20Florida%20Supreme%20Court,for%20damages%20from%20tortious%20acts.&text=85%2D328%2C%20%C2%A7%201%2C,(adopting%20%C2%A7%20741.235%2C%20FLA

     

Related Samples

  • QUESTION

    Week 4 Discusssion    

    This is a discussion question that I need answered. I need the second portion of the questioned answered thoroughly, both bullet points. I have highlighted it in yellow to show that it is what I need answered. I need this r returned to me completed without any grammatical or punctual errors. The company that I want this question written about is Nissan Motor Corporation.

     

    Choose ONE of the following discussion question options to respond to:

    Using Adverse Conditions to a Company’s Advantage

    • Chakravorti (2010) discusses four methods that corporate innovators use to turn adverse conditions to their advantage. Examine an organization of your choice and briefly discuss how the organization might use one of these methods.

    -OR-

    Assessing Risk and Reward

    • Using the company of your choice, identify an important and difficult decision that they faced. What were the most important risks and the most important rewards of the decision?
    • What data, analysis or perspective would you have used to help Sr. Management decide if the rewards outweighed the risks?

 

Subject Business Pages 4 Style APA

Answer

Assessing Risk and Reward

The Nissan Motor Company is one of the leading automobile makers in the world. The Japanese carmaker has primarily enjoyed a successful run, allowing it to enter various regional and international markets such as the United States. However, the changing business environment was not favorable to the company in 2019. Notably, the cooperation recorded losses amounting to 7.8%. The experience pushed the management into making tough decisions, requiring almost all of its North American workforce to go for unpaid leaves.

In late 2019, the company announced that the decline in sales necessitated a two-day unpaid leave for the North American workers. The stated days for the vacation were January 2 and 3rd    (Chicago Tribune, 2019).  Notably, this move was a crucial decision for the company because of its conflicting impacts. Whereas on the positive side, it could help the firm minimize expenses, it threatened to affect the public perception of the company regarding employee welfare.

The rewards for the decision involved cutting expenses by not paying the workers on leave, which eventually would translate into reduced expenses. Another reward was that the decision could allow the company to optimize performance by evaluating employee performances then developing new milestones. However, on the low side, the company risked affecting its public image and brand name, especially in the North American market. As per Chakravorti (2010), the way an organization treats its employees influences the firm’s public perception. Thus, Nissan risked eliciting a negative public perception. With a distorted public image, the company could fail to revive its declining sales.

I would have advised the management of Nissan to utilize the Predictive Analytic perspective in determining the right decision to take. Ideally, the approach tries to predict what might happen in the future if particular decisions or actions are undertaken at the moment (Traymbak & Aggarwal, 2019). Looking at the situation at Nissan, the company needed to develop a goal such as increasing sales. After that, they would have made decisions aimed at realizing the set goal. In this regard, the predicted outcome could give the management an overview of whether more risks existed or significant rewards could be realized.

.

References

 

  • Button, Tim, and Sean Walsh. Philosophy and model theory. Oxford University Press, 2018.

    Pecorino, Philip A. “Chapter 12: Just what is Philosophy, Anyway?” An Introduction to Philosophy: An Online Textbook (2019).

    Schmid, Peter A. “Hermann Cohen’s Theory of Virtue.”Hermann Cohen’s Critical Idealism. (2005). 231-257.

     

Related Samples

WeCreativez WhatsApp Support
Our customer support team is here to answer your questions. Ask us anything!
👋 Hi, how can I help?