CMR 108 You Be the Judge 3: Huff v. Shaw (DISCUSSION, 150--200 WORDS)

#1: 3.5 points

#2: 2 points

#3: 2 points

Question One

· Joey must prove breach of duty. Breach of duty involves determining whether the defendant acted out of conduct when the accident occurred. Joey needs to describe how the defendant failed to practice reasonable care while fulfilling his duty. Joey needs to explore on what the driver did wring such as accidentally hitting her by the Company's car. While at work, drivers are supposed to be careful but with the driver’s actions, failed to take care of other people while working.

· Duty

Joey needs to explore the possibilities of whether the plaintiff owed her a duty. The law is applicable when there is a stipulated way in which the driver should have acted towards Joey or vice versa. Reasonable person standard is important here.

· Cause in fact

Joey needs to prove that whatever happened were the actual causes of the defendant’s actions. Failure to establish the defendant's cause of operations will result to lack of evidence against the defendant.

· Proximate cause

According to Fahlbusch (2009), Joey will then determine the scope of the defendant’s responsibility in a carelessness case. The driver will only be liable for the damages that he/she has committed. Foreseeability is the important factor here.

· Damages

Joey will need to determine the harm caused by the defendant either physically or her properties. Measureable loss is important here.

Question Two

· Data mining is the process of gathering information that is aligned with someone's set parameters (Nag, Han & Yao, 2015). As such, data mining integrates unique algorithms, and therefore, its data is usually based on diverse statistical approaches. Elements in data mining include accuracy, relevancy, and specificity. Good IT answer, but not a good legal one. Looking for the collection of personal information from consumers through tracking tools.

· Data mining is used in marketing in instances of reducing marketing campaign costs and marketing analysis. As mentioned above, data mining utilizes an amazing technology that facilitates in making smart marketing decisions.

· Data mining is usually associated with the interests of an organization, and thus, the public raises their concerns since some of the methods used in data mining are unethical. Mining personal data is usually for the benefit of an organization, and thus, such processes are deemed to be unethical. Privacy is main concern discussed.

Question Three

· While sending emails, it is vital to consider the information submitted. Most of the data transmitted should not be false. Secondly, misleading subject lines are not supposed to be used in an organization. Thirdly, the message must include the location where someone is located as well as honoring requests to do what?. Further, monitoring what others are doing on behalf of other is a critical process that should be considered. Not covered in text or lecture.

Need to state that the email is an ad and need to disclosure the nature of pornographic messages.

· A company can avoid email requirements by using humor in emails, forgetting the company’s signature and assuming that the recipient knows what the sender is talking about. No. A company can avoid the requirements by obtaining prior consent.

· The requirements set in the CAN-SPAM Act is not usually complied to by a large section of companies because many organizations still commit the activities which are prohibited in the act. According to Jonsson (2009), most organizations fail to follow the requirements and thus, they face legal actions.

References

Fahlbusch, M. (2009). The principle of strict liability as a principle of European tort law: assessing possibilities of harmonisation in the case of liability for harm caused by movable objects. International Journal Of Liability And Scientific Enquiry, 2(4), 359. doi: 10.1504/ijlse.2009.029353

Jonsson, P. (2009). The economics of spam and the context and aftermath of the CAN-SPAM Act of 2003. International Journal Of Liability And Scientific Enquiry, 2(1), 40. doi: 10.1504/ijlse.2009.021532

Nag, B., Han, C., & Yao, D. (2015). Information enhancement in data mining: a study in data reduction. International Journal Of Data Analysis Techniques And Strategies, 7(1), 3. doi: 10.1504/ijdats.2015.067698