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Legal and Ethical 7 Ethical Problems and EBusiness In looking at ethical problems that exist when operating an eBusiness, several problems and concerns came up. . A few examples of problems dealing with ethics are: • How customer data is used • Whether customer data is sold for marketing purposes • Monitoring of employee email and internet use in larger eBusinesses • Outsourcing EBusiness gathers information with every click of a mouse at a website. When a customer registers at a website of a eBusiness they must give information that could be used for marketing. If the customer has stated that they do not want the information shared or they do not want to receive email trying to get them to buy something else, a company must respect this. The ramification of this ethical problem is company wants to make money and the more time the brand is visible to the customer the more likely the customer will buy. But the customer in saying do not sell my information and not send me unsolicited email that I am giving you my trust and that I hope that it is given correctly. If a customer finds out that a customer requested the above and the company still did it then the company is at risk of a lawsuit and will probably lose one customer if not more. Another ethical problem facing eBusinesses as they expand is the monitoring of employee email and Internet use. Most businesses are setting up a written policy but in some cases, business is not equally enforcing the policy. This leads to employees feeling that they are not respect or that the higher you are the less you become responsible.
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8 Argument Advance Charge 1: Whether the conduct of the respondents constitutes dowry harassment and cruelty under Sections 498A and 304B of the Indian Penal Code? 1.1 According to the Indian Penal Code (IPC), section 498A states that if a husband or relative of a husband subjects his wife to cruelty, he may be imprisoned for up to three years and may also be liable to pay a fine. The word "relatives" in the section is not defined, but court rulings suggest that it usually refers to the husband's immediate family, such as his parents, siblings, and in-laws. The prosecution submits that the actions of the respondents undeniably amount to dowry harassment and cruelty as defined under Sections 498A and 304B of the Indian Penal Code. The evidence meticulously presented before this Hon'ble Court delineates a distressing narrative of systematic abuse, exploitation, and torment endured by Sharda at the hands of the respondents. 1.2 Firstly, it is imperative to acknowledge the societal scourge of dowry-related violence, which continues to plague our communities despite legislative safeguards. The sinister nexus between dowry demands and acts of cruelty against married women is unequivocally established in the present case. The relentless demands made by the respondents, including the exorbitant request for a luxury car and substantial monetary deposits, signify a blatant disregard for Sharda's well-being and autonomy. 1.3 Moreover, the prosecution contends that the respondents' conduct extends beyond mere financial demands, encompassing a spectrum of emotional, verbal, and physical abuse inflicted upon Sharda. The evidence attests to a pattern of intimidation, humiliation, and degradation perpetrated by the respondents, with Sharda serving as a hapless victim ensnared in a web of familial greed and patriarchal oppression. Furthermore, the prosecution underscores the insidious nature of dowry harassment, which often escalates to fatal consequences as witnessed in the present case. The tragic demise of Sharda, attributed to organophosphorus poisoning administered under the pretext of pest
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3 Difference Between Tort and Crime A tort is distinguished from a crime in the following manner- A tort affects the private rights of a person. A crime on the other hand affects the whole society. In tort, compensation is recovered from the wrongdoer. A person committing a crime is punished by the State. In tort, action is brought in by the injured party. In crime, proceedings are conducted by the State. Nature and Characteristics of Torts The nature and characteristics of torts are: Civil Wrong A tort is a civil wrong, as opposed to a criminal offence. It involves a violation of a legal duty owed by one person to another, resulting in harm, injury or damage. Breach of Duty A tort occurs when there is a breach of duty. The person committing the tort fails to fulfil their legal obligation or duty towards another person, whether it is a duty to exercise reasonable care, respect someone’s property rights or refrain from committing intentional harm. Harm or Injury A tort results in harm, injury or damage to the person, property, reputation or economic interests of another individual. This harm can be physical, emotional or financial in nature. Causation A tort requires a causal link between the wrongful act or omission and the harm suffered. The breach of duty must be the direct cause of the harm or injury suffered by the victim.
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