Reference no: EM131164726
Assessment - Write a 2-page analysis of a selected federal or state court case pertaining to the topic of tort law.
Context
The Basis of Tort Law
One of the most important concepts of the law is the notion that if one party damages another in a noncriminal context, then the aggrieved party is entitled to restitution, to be made whole. In a business law context, making another party whole (note: this is a fairly common term that you will hear again and again in a legal context) is the entire purpose of tort law. In other words, a judge or jury will attempt to determine exactly what needs to be done when an aggrieved party can demonstrate damages, and what those damages should be, in order to return a party to its state prior to the alleged action.
Virtually all commercial enterprises deal with the public at some point, providing products, services, or any sort of commercially relevant activities. The risk of inflicting even unintentional damages on consumers thus exposes commercial concerns to lawsuits and litigation.
Criminal penalties cannot be attached to business entities. If a crime is committed, the government charges specific individuals within the corporation who may be responsible, not the business entity. Yet, society recognizes that businesses, out of negligence, ignorance, or malfeasance, may cause injury to another party. Tort law imposes standards by which such injured parties can seek recompense from the corporation in civil court. Whereas an entire corporate entity cannot be tried in a criminal court, it can be a defendant in a civil court.
Read the Assessment 6 Context document for important information related to the following topics:
- Strict Liability and Product Liability.
- Consumer Protection.
- The Public Policy Nexus.
Assessment Instructions
Research federal and state court cases pertaining to the topic of tort law. Select one court case and write an analysis that addresses the following:
1. Articulate the importance, context, purpose, and relevance of law in a business environment:
- Identify the parties who are before the court.
- Provide a brief background to problem. Summarize the facts in no more than 2-3 paragraphs.
- Identify the specific disagreement between the parties.
- Explain the ruling of the court in no more than 1-2 paragraphs.
2. Evaluate key judicial concepts that influence the decisions related to business:
- Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.
- Do you agree with the court's decision? Why or why not?
Your analysis should be no more than two double-spaced pages in length. References and citations should adhere to APA formatting and style guidelines.
Attachment:- Assignment.rar
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