Business Law Assignment

BUSINESS LAW ASSIGNMENT
Business Law Assignment
Name of the Student:
Name of the University:
Author Note:

1BUSINESS LAW ASSIGNMENT
Part One: Essays
a) Surrogacy Law in New York
Surrogacy agreements are considered to be against the public policy in New York in
any of its forms.
By virtue of re baby M’s case, surrogacy agreements are considered void and it does
not create any legal rights in New York. Any person involved in surrogacy being the
proposed parents or the surrogate will attract a penalty of $500 and any person assisting
in the process of surrogacy will be penalised with a fine up to $10,000 and any fees paid
in this furtherance will be forfeited. Any person, other than the parents and surrogate,
found to have assisted in surrogacy for the second time will attract felony charges.
The Child-Parent Security Act of 2017 bill if passed may lift a 26-year old ban on
surrogacy. However, it might only legalise the gestational surrogacy as it does not cover
the traditional surrogacy.
b) Negligence standard
In most of the states of USA, even if there is a one percent of contributory negligence,
the court would not award any damages to the plaintiff.
Contributory Negligence is said to have committed, when the person to whom a
damage has occurred for the negligent act of another, to some extent is also responsible
for the same. New York is one of the thirteen states in USA, which awards damages
based on comparative negligence. When an aggrieved person approaches the court for a
remedy under negligence, the Courts in New York first verifies the percentage of