Business Law Relationship of Torts to Risk Management Memorandum

Memorandum  on relationship of torts to risk management

Scenario:

You are working at eHarbour and learn that eHarbour’s computer system has been attacked by a computer virus from a cybercriminal. An employee of eHarbour inadvertently opened an email with an attachment that appeared to come from the State of Florida Division of Corporations for business registration renewals. The names, addresses, phone numbers, credit card information, and other personal information of all eHarbour customers have been compromised in the data breach.

In your role working as a paralegal or legal assistant for eHarbour, draft a memorandum to Daniel Hudson, the eHarbour general counsel, analyzing potential civil liability for negligence under Florida state law for the data breach. In the memorandum, specifically discuss the elements for negligence and the reasonable person standard. In addition, analyze any potential affirmative defenses that may apply.

LS311 Business Law
Unit 4 Assignment
Student Name: Jane Doe
Date:
MEMORANDUM
Date: [today’s date]
To: Daniel Hudson
From: [student name]
Re: Potential Liability for Data Breach
Introduction
[Provide an introduction in this section.]
Liability for Negligence
[Discuss potential liability for negligence under Florida law in this section. The tort of
negligence occurs “when someone suffers injury because of another’s failure to live up to a
required duty of care” (Miller, 2016, p. 81). To maintain an action for negligence, a plaintiff
must establish “that the defendant owed a duty, that the defendant breached that duty, and that
this breach caused the plaintiff damages” Fla. Dep’t of Corr. v. Abril, 969 So. 2d 201, 204 (Fla.
2007).
Defenses
[Discuss potential defenses in this section.]
Conclusion
[Give a brief conclusion in 1–2 sentences.]
References
Miller, R. (2016). Fundamentals of business law today: Summarized cases, (10th ed.). Cengage.
Fla. Dep’t of Corr. v. Abril, 969 So. 2d 201, 204 (Fla. 2007).