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Business Law Essay

866 words - 4 pages

Austin Friend
Business Law 1
Prof. Brown
Essay 1

Shannon taking the pain medication and operating a vehicle against the advice of her doctor caused her to hit a passenger in another vehicle, seriously injuring that person. In a court of law the Plaintiff in this case would be would be the passenger in the vehicle that was seriously injured and the defendant would be Shannon. Because of the passenger’s injury she would initiate a lawsuit, making her the plaintiff. Shannon in this case is the defendant, the reason for that is because she is the accused person in the lawsuit.
This case would be held in a state court. Although federal courts are located in every state, they are not ...view middle of the document...

Causation, if Shannon had followed the orders of her doctor the accident would not have occurred. Damage Shannon caused the damage and harm in the accident. She did not obey the traffic laws by driving through a red light in which a reasonable person would have come to a stop.
*
* Shannon would be held liable for this tort. The defendant’s failure to act as a reasonable person caused the plaintiff's injury. Shannon may not have intended to cause the other drivers any injury. However a reasonable person would not drive while taking pain medication because it creates an unreasonable risk of harm to other drivers. Shannon will be held liable to the injured plaintiff for negligence despite her lack of intent to injure the plaintiff. Shannon would be held liable for payment of all damages to the plaintiff’s vehicle and medical expenses.

Essay 2

There are four required elements that exist within a contract, the first being the offer in which one of the parties made a promise to do or refrain from doing a specified action in the future. The next element is the consideration in which something of value was promised in exchange for the specified action or non-action. This can take the form of a significant expenditure of money or effort, a promise to perform some service, an agreement not to do something, or reliance on the promise. Consideration is the value that induces the parties to enter into the contract. Acceptance is a crucial part in a contract in which the offer was accepted unambiguously. Acceptance may be expressed through...

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