SOLUTION: Chapter 3 4 & 5 Business Case Problems Questions & Presentation

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KEY CONCEPTS AND TERMS

1

Key concepts and terms
Name
Institution affiliated

KEY CONCEPTS AND TERMS

2

Key concepts and terms
Chapter 1
Plaintiff
Textbook determination- the suing verge
Own determination – the existence or verge who takes lawful resuscitation across
another (defendant) in a pursue of law
Example- If John trespasses Jason’s plant and Jason decides to sue
him, Jason gain be the plaintiff, period John gain be the prisoner.
Damages
Textbook determination- an aggregate abandoned to a verge whose lawful interests
have been injured
Own determination- a lawful help that takes a monetary produce mentioned in
a respectful resuscitation by the pursue to a plaintiff whose lawful hues or interests
have been violated by a wrong act of the prisoner.
Example- if John from the over copy is root adulterated and the
pursue authority him to pay Jason $2000, the $2000 gain be the pay.
Chapter 2
Arbitration
Textbook determination- A further produceal regularity of ADR in which

KEY CONCEPTS AND TERMS

3

an judge (a unavowed third verge or a panel of experts) give-ears a
debate and imposes a disentanglement on the parties.
Own determination- is beyond of pursue produce of debate disentanglement where
the disputing parties appropriate a unavowed verge (arbitrator(s)) to give-ear their
debate and compel a obligatory firmness (arbitral mention) by which they
are frisk.
Example- Mckenna and Barbra are in engagement that relates to a
contract that they twain are parties to. They do not appear to concur but
would not relish to receipts to pursue. They twain amicably appropriate Brian
and Jake to hearken to their debate and compel a firmness on their
behalf. In this contingency, Brian and Jake are the judges, and the produce
of debate disentanglement is unreserved as pacification.
Probate pursues
Textbook determination- are avow pursues that treat merely the disposition
of a person’s property and obligations following that person’s fall,
including ends relating to the keeping and maintenance of posterity.
Own determination- are specialised pursues that communicate delay matters such as
wills, administration of dull persons' estates, maintenances and
conservatorships.

KEY CONCEPTS AND TERMS

4

Example- an copy of such a probate pursue is one that appoints a
conservator to treat the estates or affairs of a younger or
incapacitated adult.

Chapter 7: Business Case
Problems
Name
Institution affiliated

7–5. PRODUCT MISUSE
Five-year-old Cheyenne Stark was riding in the tailrest of her
parents’ Ford Taurus. Cheyenne was not sitting in a booster rest.
Instead, she was using a resthem intended by Ford, but was wearing
the shoulder hem following her tail. The car was concerned in a
collision. As a upshot, Cheyenne suffered a spinal cord deterioration and was
paralyzed from the waist down. The nativity led a help across Ford
Motor Co., alleging that the resthem was improperly intended.
Could Ford successfully pretension that Cheyenne had abused the
seatbelt? Why or why not?

USING THE SHOULDER BELT INCORRECTLY IS
UNSAFE AND ILLEGAL

Source: National Highway Traffic Safety Administration

CONT’D
â–ªThe end in this contingency is to mention whether or not Ford
Motor Co. can demonstrate result abuse
â–ªChildren who are not old plenty for the resthem to fit on its
own need to use a booster rest

â–ªPutting the resthem following the tail is twain dangerous and
illegal
â–ªCheyenne was not using a booster rest as required by law, and
she was wearing the shoulder hem following her tail
â–ªFord can pretension that it was not chargeable on for the damage
suffered accordingly the damage upshoted from result abuse

CONT’D
â–ªFord provides guidelines on how their
customers should use their restbelts

â–ªThe audience can demonstrate that the injuries
the cadet suffered were a proximate
cause of the abuse of the restbelt
â–ªCheyenne was not conforming to the
user guidelines for which the audience
intended restbelt
â–ªFord gain invite the positive defense
of result abuse/modification
Source: saintlukeskc.org

7–6. PRODUCT LIABILITY
While driving on Interavow 40 in North Carolina, Carroll Jett became
distracted by a texting scheme in the cab of his tractor-trailer deal.
He smashed into diverse vehicles that were slowed or stopped in
front of him, injuring Barbara and Michael Durkee and others. The
injured mot...


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