Business Finance
BUS 241 UTD Elements of Negligence as In the Civil Action Movie Questions

BUS 241

The University of Texas at Dallas

BUS

Question Description

I need help with a Business Law question. All explanations and answers will be used to help me learn.

1.

Identify the elements of negligence in the movie “A Civil Action”. Make sure you identify how these elements were demonstrated specifically in the movie. Do not retell me all the facts of the movie-- only what you need to convey to answer the question.


2. Sara runs a toy store and carries merchandise both domestic as well as foreign manufacturers. As the holiday season approached, she found that she could reduce her costs by importing a stuffed toy from a developing country. One of the toys was responsible for an injury to a child and the parents brought a product liability suit against Sara. She claimed that she was unaware of the defects of the toy because she did not manufacture it but only sold it. Answer the following subparts:

·Do the parents of the injured child have the right to sue Sara instead of the manufacture?

·Can the retailer be held liable for defective products- explain?

·Is there anyone else the parents could sue for this injury? Who?

3. Is the U.S. Constitutional protection of freedom of speech in the First Amendment absolute? Name at least 3 types of speech that are prohibited under the law.

4. Define the tort of negligence. Identify the two kinds of types of negligence that might impact the recovery one might get in a negligence case and describe this impact on the recovery. (Note some states call these types of negligence legal defenses that a party who is charged with negligence can assert in a negligence action)

5. Explain what is a tort (define it or describe it) and identify an example of a common tort. What is strict liability? What is vicarious liability? Give an example of each.

6. Is the U.S. Constitutional protection of freedom of speech in the First Amendment absolute? Name at least 3 types of speech that are prohibited under the law.

7. Identify the kinds of business that can be charged with product liability.

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Final Answer

Attached.

Running Head: QUESTIONS ON BUSINESS LAW

QUESTIONS ON BUSINESS LAW
Name
Institution Affiliation
Date

1

Running Head: QUESTIONS ON BUSINESS LAW

2

Question 1
Elements of negligence as in the civil action movie
Duty
The accused were found to have violated the element of duty, as evidenced by the grace
who lied to the police about what happened and in that manner concealing the relevant facts that
might have surfaced in an attempt to influence the judgment. Also, by the accused corporation
dumping the chemicals into the water system of the defendant, it was evident that such cation
accounted for negligence (Chase, 1999).
Harm
As a result of the dumping, the Woburn company was likely to suffer because of the mere
negligence of the Beatrice and Grace's actions.
Breach in the cause of action
The participants by taking loans up to the point of no credit and later failing to repay
outlines that a breach of a contract already entered into was likely as a result of negligence
Harm to the plaintiff
The main problem is that grace suffered leukemia as a result of the chemical discharged
into his water system
Question 2
Do the parents of the injured child have the right to sue Sara instead of the manufacture?

Running Head: QUESTIONS ON BUSINESS LAW
The parents of the child have the right to sue for the damage caused to their son as the
damage resulted from the thing the customer bought from her store. Sara would then claim that
to the manufacturer.
·Can the retailer be held liable for defective products explain?
Yes. This is because, under the rule of caveat emptor, she is required to be aware of the
goods she is buying from the manufacturer. Therefore, by importing the goods, she assumes all
the responsibility associated with it.
·Is there anyone else the parents could sue for this injury? Who?
The parents can also sue the individual who, in one way or the other, had bought the
goods and who might have caused it to result in a harm to their son. This is because it will
account to breach of tort law as the good would have been considered to have escaped and
caused harm.
1. Is the U.S. Constitutional protection of freedom of speech in the First Amendment
absolute? Name at least three types of speech that are prohibited under the law.
Us constitution aims at ensuring...

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