Course Outcomes for Unit 4 Assignment:
Discuss the relationship of torts to risk management.
Apply research to create original insights and/or solve real-world problems.
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 as relate duty of care, breach of duty, causation, and damages and the reasonable person standard. In addition, analyze any potential affirmative defenses that can be used under the Florida law. The memorandum needs to be in the specific section as follows Introduction, Liability for Negligence, Reasonable person standard, Defenses and Conclusion.
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