Ask a question to Desklib · AI bot


Legal Concepts and Principles

10 Pages2439 Words658 Views

Added on  2019-09-18

BookmarkShareRelated Documents
Fact PatternBusiness Law and EthicsABC[Pick the date]
Legal Concepts and Principles_1
Fact Patterns 1IntroductionThis paper talks about two fact patterns in which there are several cases given and they have tobe examined. The legal issues that are involved in the cases have to be identified along with thelegal principles. The aim of this paper is to use the legal concepts and legal principles forarriving at a decision and conclusion that who is the aggrieved party and who should win if thisargument is presented in the court. The two facts patterns are presented below and the issues,legal principles and conclusions are made in each of them. Fact Pattern 1In the Anthony’s case, the first legal issue that can be identified is the ‘act of negligence’ on thepart of the truck driver. The SUV which was driven by the employees of Anthony was wreckedfrom the rear side. This shows that in the accident, the mistake was of the truck driver. Also, it ismentioned in the case that the truck was moving at an abnormal speed which is against the trafficlaws. So, the negligence is observed in two ways: one is that the truck driver was moving at afaster speed and he broke the rules of traffic and secondly, he was approaching the traffic lightsand then also the driver did not slow down. So, in this case, the owners of SUV deserve acompensation for the damages that they have suffered from. The truck belonged to a fireworkscompany so the insurance cover can help in getting the compensation. The company to which theSUV belonged is eligible to get compensation of the damaged vehicle and the medical expenses
Legal Concepts and Principles_2
Fact Patterns 2that the injured employees paid. The compensation that Paul and Silvio will get comes under thereimbursement clause of the ‘Workmen compensation Act’ and will be paid by their employeri.e. Anthony. This accident between the truck and the SUV occurred between two states. So, the case cannotbe presented in the federal court. This case can only be presented to the state court i.e. the NewYork court because it is civil case. If the parties decide to sue each other, they can go to the statecourt and if they do not get contentment there, they can even appeal to the Supreme Court(Richards, 2006). After this accident, Anthony meets the vice-president and when he does not agree to sign thecontract, Anthony points a gun at him. So, the second legal issue is the ‘contract made bythreat’ or the ‘contract by duress’. It is illegal to make anyone come into contract forcefully orby wrongful influence (Koffman, 2010). The contract formed under this undue influence is voidand they are invalid. Under the Contract Act, a valid contract is formed only when the partieswillfully sign it and their consent is present in the terms of contract. But here, no such thingsoccur and Anthony did this forcefully. So, the Queens Company have the option to sue him andrevoke the contract but, it is the responsibility of the company to prove that the contract wasformed by duress and they will have to repost this incident. The company is entitled to getcompensation for this and they have the right to get Anthony punished by the court.
Legal Concepts and Principles_3

Found this document preview useful?

Related Documents
Respondeat Superior: Let the Master Answer

Legal Aspect of Business - PDF

Report on Tort of Negligence and Mispresentation of Information

The Law of Tort: Contributory Negligence and Pure Economic Loss

Legal Principles, Elements of Negligence, Defenses, and Damages in Brandon's Case

Driver Determining For His Duty