Business Law: argument as defendant - Essay Example

Only on StudentShare

Extract of sample
Business Law: argument as defendant

If ACME had sold its truck directly to the City of Albany this scenario may be altered, however the point being that ACME merely installed the base components and these future use in a busy urban environment where a back-up alarm becomes more necessary to avoid injury, is not ACME's responsibility.
Similarly, Keefer Motors, as the distributor of the generic truck has not entered into any contract, implicit or explicit, concerning the intended use of the pot-hole truck. Following a hard winter in New York, the Keefer Motors contract with the City of Albany, has no relevance to the events that led to Sarah's injury whilst working as an employee in New York. If Keefer Motors had not sold the truck unchanged to the City of Albany but had changed the truck, the City of Albany might become less negligent because at that stage the truck's intended use as a pot-hole truck might be nearing criminal liability under strict liability law. ...
Download paper


Sarah is legally wronged on a number of counts, but not under breach of express warranties of fitness and merchantability; she is the victim in this scenario according to tort law and the theories of negligence or the implied fitness and merchantability of the pot-hole truck fitted without a back-up alarm…
Author : yfay

Related Essays

Tort Law
However, a loss should have taken place for the injured party, due to the breach of the duty of care. This makes it necessary for claimants to prove that the defendant had owed them a duty of care.2 Before the year 1932, liability in negligence was restricted to finding a duty of care. This was done on a case by case basis and in situations where there had been a pre – existing relationship between the parties. The decision in Donoghue v Stevenson changed this situation. 3 In this case, the first general rule for establishing a duty of care was established. With this decision the...
12 pages (3012 words) Assignment
Law for Business Case Study
Finally in respect of creditors of the company the court held the no duty was owed to them. The approach had been criticized by many and had been thought to be unjustified as it was thought that reliance would be placed on the accounts of the company which is indeed due to the auditors’ manuals and other material. However, in favour of the decision a few other points for such a decision are the floodgates argument; the lack of proximity between an auditor and an investor also leads to the conclusion that no claim lies against the auditors; and the placing of undue burden on the auditors and...
5 pages (1255 words) Case Study
Legal Issues in Business
As the plaintiff had to purchase concrete from a different supplier at higher prices, the cost differentials were charged on the defendant and were deducted from the dues. The plaintiff allowed the defendant to resume supply on a condition that the supply would come only from a single plant. On resuming the supply, the defendant failed to supply the ordered quantity of concrete on numerous occasions (at least 42). Shortage of raw materials and plant breakdowns were the two primary reasons cited and on some occasions no reasons were cited by the defendant for non- or short supply of concrete....
4 pages (1004 words) Essay
business and law
Their Lordships are far from denying that there is force in an argument on these lines. It is very natural to see something anomalous in the introduction into Malaya of a special rule of English law of this kind. Nevertheless, English law itself lied introduced into Penang, as part of the Straits Settlements, as far as it is applicable to the circumstances of the place. Regarding the pivotal clause 7.4, the case law principles governing proper construction, is in the view of the judges on the appeal is that change after the demise of the Bubble Act in nineteenth century England brought about...
14 pages (3514 words) Case Study
Moot Skeleton Argument
The respondent argued that there were significant investment risks due to the financial crisis of 2007 thus limiting investment opportunities. In the second trust was an investment portfolio held in trust by the Barclays Bank for Betty Twix and her mother, Christie. The initial fund was $20,000 that the trustee invested in potato markets. The current value of the investment is $22,000. Betty contested the return on investment arguing that the trustee could have invested in wine markets. According to Betty, the trustee took into account non-financial considerations in choosing not to make such...
4 pages (1004 words) Essay
Business immigration law
Research has shown that the major reason as to why immigration takes place is for getting better settings at which one can thrive. This is common for families and people in search for employment opportunities hoping to make a better living. Many cases may work to bring this out effectively relating to the manner business laws are set and then the consequent effect on immigrants. The government has a role of controlling immigration as outlined in the constitution; 1it however provides that the High Court or the Supreme Court, and the Magistrates Courts exercise their jurisdiction in accordance...
15 pages (3765 words) Essay
Business Law
If so, what was the condition of the offer and who was to claim it? It has always been assumed that a notice like that goes all the way to the world and anybody can claim it so long as the terms are met....
4 pages (1004 words) Assignment
Got a tricky question? Receive an answer from students like you! Try us!