Role of Securities and Exchange Commission
Assignment 2: JPMorgan Chase Due Week 10 and worth 200 points In the summer of 2012, JPMorgan Chase, the biggest U.S. bank, announced trading losses from investment decisions made by its Chief Investment Office (CIO) of $5.8 billion. The Securities and Exchange Commission (SEC) was provided falsified first quarter reports that concealed this massive loss. Use the Internet or Strayer databases to research a different bank of your choosing. Write a three to four (3-4) page paper in which you: 1. Discuss how administrative agencies like the Securities and Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC) take action in order to be effective in preventing high-risk gambles in securities / banking, a foundation of the economy. 2. Determine the elements of a valid contract, and discuss how consumers and banks each have a duty of good faith and fair dealing in the banking relationship. 3. Compare and contrast the differences between intentional and negligent tort actions. 4. Discuss the tort action of “Interference with Contractual Relations and Participating in a Breach of Fiduciary duty” and, if the bank you’ve chosen were to behave as JP Morgan did, would you be able to prevail in such a tort action. 5. With the advent of mobile banking, discuss how banks have protected the software that allows for online transaction to occur through automation. 6. Use at least three (3) quality references. Note: Wikipedia and other Websites do not quality as academic resources. Your assignment must follow these formatting requirements: • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions. • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. The specific course learning outcomes associated with this assignment are: • Describe the legal environment of business, the sources of American law, and the basis of authority for government to regulate business. • Describe the elements of a contract and explain the basic provisions of contract law relative to offer, acceptance, capacity, legality, fraud, third-party rights, performance, and breach of contract. • Explain the components of the Uniform Commercial Code (UCC) relative to sales and lease contracts and the basic provisions of the UCC addressing sales / lease contracts, title, risk, insurable interests, and the performance and breach of contracts. • Use technology and information resources to research issues in business law. • Write clearly and concisely about business law using proper writing mechanics.
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Role of Securities and Exchange Commission
The Securities and Exchange Commission plays a crucial role in regulating the investment industry. The body carried out periodic audits in banks and other financial institutions. This is to ensure that the activities of the company remain within the laid out legal framework. In the case of JP Morgan, top management gave a false report to the body in charge of regulation. It would later emerge that some bad decisions by the Chief Investment Officer led to massive losses amounting to $ 5.8 billion dollars. One of the actions that the agency can take to eliminate such loopholes is to be more involved in the audit process. The requirement of the law is that every financial institution should submit its audited report periodically and this is done every quarter. However, it may be prudent for the commission to carry out its own audit and do so in an impromptu manner. This will make it difficult for financial institution to provide false information. Incase of malpractice, an independent audit report by the commission would reveal such falsifications.
Elements of a Valid Contract
There are a number of elements that must be present for a contract to be valid. One such element is disclosure of all material facts. Both parties are required to exercise utmost good faith in dealings with one another. This means that every part has an obligation to reveal any information that is considered material to the contract (Burton, 2008). Further, both parties to the contract must contract over similar subject matter. If the subject matter for both parties differs, then the contract is voided. Misrepresentation of details either deliberately by mistake also renders a contract void. There is an implied contract between a bank and its consumers. When any one of the elements of a contract is missing then the party who is aggrieved is at liberty to void the contract and seek legal redress.
Intentional and Negligent Torts
A tort is defined as a wrong that is of civil nature. Torts are classified into two main categories namely negligent and intentional torts. A negligent tort is the wrong that is done for failure to put proper measures in place (Statsky, 2011). Negligent torts are an indication of carelessness on the part of the wrongdoer. For example, when the management of an organization makes a wrong decision as was the case in JP Mo...