Business Law Case Study - 1259 Words

Case Study Case 1 A Sydney tramway passenger was injured in a collision with another tram, which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as ‘dead man’s handle’, a system in use on Sydney’s trains. This would have stopped the tram and avoided the accident. The device had been rejected by the tramway authorities because it was felt that it could cause drivers to become tired, irritated and inefficient. There was no evidence of any similar device in use on two-man trams anywhere in the world. Will the plaintiff succeed in his negligence claim? Explain your reasoning. Answer: In this case, the†¦show more content†¦According to the Chappell v. Hart case, the plaintiff might not be injury if the defendant takes precaution to the risk. In this case, the injury was directly cause by the defendant. In my opinion, the plaintiff has a fair chance to success in his claim since the defendant did breach their duty of care as a tram operator. And this kind of tram accident can be fatal. However, there might be some disputation on the necessary of fit extra system to prevent this kind of incident. Case 2 Jonas was employed by Rapid Couriers as a courier. His father was employed at the same company and worked with his son. One day while making a delivery, the son lost sight of his father, who was directing him, and accidentally ran over him. Discuss whether the father would successfully sue his employer. Answer: In this case, the father was injured as the truck ran over him. For a negligence to be existed in this case, the defendant, Rapid Couriers, must be found liable to their employee’s action. The defendant employed Jonas as a courier and assigned him to make a delivery. Jonas injured his father during a job assigned by his employer. If Jonas was not an independent contractor, the act that he performed would cause the employer vicarious liable to the accident as indicated in Cassidy v The Minister. Furthermore, Jonas performed the wrongful act while he is in his capacity as an employee. His action was obviously connected to his employment as held in Deatons PtyShow MoreRelatedBusiness Law Case Study1437 Words   |  6 Pagesï » ¿Business Law Case Study Module 4 PLAINTIFFS STATEMENT: The Parties – Alex Johnson vs. Bethlehem Ice Solutions    Opening Argument    Those familiar with skiing know that there are risks involved when one chooses to participate in the sport.   Those risks, however, should be associated with self-inflicted harm caused by mistakes that a skier may make and not unforeseen obstacles and dangerous situations.   The injuries sustained by Alex Johnson on the slopes at Bethlehem Ice Solutions (BIS) were notRead MoreBusiness Law Case Study1954 Words   |  8 PagesCase Jonathan, a moneylender makes a loan of $1,000 to Sheba on Sheba’s representation that she is 19 years old. Sheba is in fact 17 years old. She enrolled for diploma course with a private college for $500, spent $200 on a holiday, and the balance of $300 on a mini hi-fi set. She now refuses to pay Jonathan. In this case, we are acting for Jonathan (plaintiff). Jonathan sues Sheba (defendant) because of free consent and capacity. Free consent that we talk is about misrepresentation whereas capacityRead MoreBusiness Law Case Study2352 Words   |  10 PagesLegal Issues in Management Final Case Study Christine Stout Southern Oregon University Business law – case study The case study of John and Stacey has so many complicated elements that apparently all the stakeholders involved apart from the two mentioned could sue or be sued against. This paper assumes that this is the scenario for this paper. 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Biff was very familiar with the SchwinnRead MoreBusiness Law Case Study1411 Words   |  6 PagesCase Summary: -Bob owns a Jewelry store -Sam operates electronic security equipment store -Bob and Sam are friends -Monday, Bob held a casual conversation with Sam about fitting his store with closed circuit television and the best available electronic locks -Tuesday, Sam sent Bob a Quotation of price Lists of models and List of price -Wednesday, Bob Replied BY POST. Choice of Supreme Model for camera -Posted to old address, Sam received on Saturday and emailed on the same day Read MoreBusiness Law: A Case Study1531 Words   |  6 PagesBusiness Law In business law, there are a number of procedures that are used in settling disputes. For cases, under $5,000.00, small claims court is utilized as a way to effectively litigate potential issues and come to a solution in a cost effective manner. This is when there are no attorneys present. Instead, each party will present their side of the story to the judge. They will bring forward their own witnesses and evidence to support their case. (Warner, 2012) To fully understand how it worksRead MoreBusiness Law Case Studies1035 Words   |  5 Pagesoriginal contract was agreed upon does not equate to fresh consideration. As addressed in Roscorla v Thomas, assurance was given after the contract was agreed upon and therefore, the plaintiff was unsuccessful in court. The same would apply to Bonnie’s case. Problem 3 a) Could both Michael and David sue Yvette for breach of contract when a contract existed only between Michael and Yvette, and if both contracting parties provided consideration? b) The rules that only a promisee can sue on a contractRead MoreCase Study : Business Law Case1557 Words   |  7 PagesBusiness Law Case 1: Kate is the owner of a successful business, selling women’s shoes. Her business is expanding fast and she wants to upgrade her business structure to a more appropriate one. What would be your recommendation to Kate and why? What are the factors that influence you with this advice? Solution/Advice 1 Choosing a Corporation/Company Structure - the business structure of a company/ corporation is highly recommended, it has the flexibility to gain more capital, or credit capabilityRead MoreBusiness Law - Case Study1905 Words   |  8 PagesTimber Yard. He made known to Frank, the sole proprietor, the purpose and requirement of the materials and placed an order. John signed a standard form contract and paid a deposit. Two months later, problems arose which caused John to delay his business. John incurred financial losses. B. IDENTIFYING THE ISSUES 1.0 CONTRACT BETWEEN JOHN FRANK. It is obvious that there is a contract for the sales of goods between Frank and John. Therefore, terms implied by statute into the sales ofRead MoreBusiness Law - Case Study Assessment1310 Words   |  6 PagesBusiness Law --- Case Study Assessment Question 1: A.Register an Australian company through a number of business service providers who use software that deals directly with ASIC. Firstly, search business directories or the internet for ‘shelf company services’ or ‘Australian company registration’. Because these providers can also offer full company secretarial services covering registers, consents and share certificates. At the same time, we can complete the Application for registration as an Australian