Apply research to create original insights and/or solvereal-world problems.
You are working at eHarbour and learn that eHarbour’s computersystem has been attacked by a computer virus from a cybercriminal.An employee of eHarbour inadvertently opened an email with anattachment that appeared to come from the State of Florida Divisionof Corporations for business registration renewals. The names,addresses, phone numbers, credit card information, and otherpersonal information of all eHarbour customers have beencompromised in the data breach.
In your role working as a paralegal or legal assistant foreHarbour, draft a memorandum to Daniel Hudson, the eHarbour generalcounsel, analyzing potential civil liability for negligence underFlorida state law for the data breach. In the memorandum,specifically discuss the elements for negligence and the reasonableperson standard. In addition, analyze any potential affirmativedefenses that may apply.
Please use the memorandum template below:
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 inthis section. The tort of negligence occurs “when someone suffersinjury because of another’s failure to live up to a required dutyof care” (Miller, 2016, p. 81). To maintain an action fornegligence, a plaintiff must establish “that the defendant owed aduty, that the defendant breached that duty, and that this breachcaused 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.]
- Discuss The Relationship Of Torts To Risk Management Apply Research To Create Original Insights And Or Solve Real World 1 (19.91 KiB) Viewed 12 times