***TWO PARTS ANSWER EACH ONE SPLIT WORD COUNT***
PART ONE
Review Case 1 in the Hypothetical Case Problems section in the Chapter Summary at the end of Chapter 1. Then respond to classmates post explaining why you agree or disagree with their conclusions?
Did the facts you considered important in determining jurisdiction differ from your classmates?
Explain why or why not.
First classmate:
Hello everyone!
If Javier sued Electric Inc., identify who would be the plaintiff and the defendant.
If Javier sued Electric Inc. Javier would be the plaintiff and Electric Inc would be the defendant since Javier is bringing the case into court and Electric Inc has to defend themselves.
Explain in which state or states the suit can be brought.
This suit can be filed in either Texas, since Electric Inc. has a dealership there, or Arizona because that is where Electric Inc. is based out of. According to the text the case can be filed in states where the defendant (Electric Inc.) has businesses. The case could also be filed in New York since Javier owned a residence there during the accident.
Assume that Javier incurred $100,000 in damages.
Analyze whether the suit can be brought to federal court.
The suit can be brought to federal court due to diversity of citizenship and the fact that the suit is for more than $75,000.
Explain the advantages and disadvantages of federal versus state court for this type of suit.
The advantages of federal court in this case would be that the federal case would allow more money to be paid, and also the federal law is more uniform than states, which can have different laws than one another.
References:
Rogers, S., & Seaquist, G. (2023). Essentials of business law (2nd ed.). The University of Arizona Global Campus.
Second Classmate:
Hello Class,
The party who is suing is the plaintiff, which in this case is Javier. The defendant is the person/party being sued for some type of wrongful act and in this case is Electric Inc.
Just because Javier was in Oklahoma at the time of the accident, does not automatically mean the suit can be brought to that state. In fact, due to neither the plaintiff or defendant having any ties or contractual obligations or assets within OK, the suit cannot be heard there. With understanding personam jurisdiction, the states in which this suit can be brought is NY, TX and AZ. The plaintiff has ties to both NY and TX and Electric Inc. is incorporated out of AZ, which is where their assets can be controlled, and judgements can be made by the state.
Suits/cases can be heard in a federal court if they fit within 3 different types: federal question, diversity of citizenship please $75,000, or is exclusively federal. Based on the fact Javier had incurred $100,000 in damages, his case meets the criteria to be heard in a federal system.
The state courts are a for small claims that hear cases requesting monetary reimbursement up to $15,000. The state courts also have a lot of regulations and laws (disadvantage) whereas, the federal court system is well organized, direct, and modernized being an advantage for Javier to have his case be heard in the federal court system. This will also eliminate another disadvantage for Javier being they are different laws amongst each state effecting the overall outcome/verdict, if he had chosen a state court. State courts do provide a great advantage when applicable, which is their effectiveness in being able to resolve situations in a faster manner for the parties.
Rogers, S., & Seqquist, G. (2023). Essential of business law (2nd ed.). The University of Arizona Global Campus
PART TWO
In Chapter 2 of the text, at the end of the chapter in the Hypothetical Case Problems section, review Case 1 for the Northern Shipping Company then respond to classmates. Do you agree with their analysis? Discuss with at least two of your classmates the tort issues raised in their respective posts. Was there any intervention by another or a third party?
First Classmate:
1.) Did Northern shipping company commit a tort?
If so, explain what, and list the elements of said tort.
Northern shipping company did in fact commit a tort of negligence. “Negligence is the failure to act in a reasonable manner.”(Rogers & Seaquist,(2023). The elements of this tort are that the defendant owed the plaintiff duty of care, which the defendant failed to do. Since Northern shipping failed to provide duty of care to the plaintiff, it resulted in injury or death to the sailors, property damage to the bridge, and also flooding of the town.
2.) Did Northern shipping company actually cause the damage to the sailors? The bridge? The town?
Northern shipping company did not directly cause the damages, but it was the negligence of the crew on their ship, so therefore Northern shipping company is at fault for all of the damages caused.
3.) Was the damage foreseeable based on the actions of Northern shipping company?
What elements of the tort are involved?
I believe that damages were foreseeable to an extent. Meaning that the exact damages may not have been foreseen, although the crew should have known that there were possibilities of damages and danger if they failed to secure the ship and cargo properly.
The elements of tort involved in this case are the fact that element shipping owed a duty of care to the plaintiff and element shipping failed to provide duty of care to the plaintiff, resulting in personal injury, property damages, and flooding of the town. All of these damages and injuries were caused by negligence to properly secure the ship.
References:
Rogers, S., & Seaquist, G. (2023). Essentials of business law (2nd ed.). The University of Arizona Global Campus.
Second Clasmate:
Did Northern Shipping commit a tort? Explain what and list of elements of the said tort.
Northern Shipping committed the act of negligence as a tort. The act of negligence is defined as failing to act reasonably. (Rogers & Seaquist, 2023, pg. 2.3). In mooring the ship to the dock negligently, Northern Shipping allegedly caused deaths, injuries, damages, and loss of income for the surrounding area around the site. The reasoning behind the tort against Northern Shipping is that there needs to be more duty of care in mooring the ship at the dock. The lack of care in mooring the ship, there was a loss of life and significant damage to the surrounding area because of the accident.
Did the Northern Shipping Company cause damages to the town, sailors, or bridge?
The Northern Shipping Company was not involved in the actual process of negligently docking the ship. The hands-on people are liable because they mishandled the process of docking. Northern Shipping Company becomes liable for damages if there is a lack of duty of care in training the docking personnel in handling the ships. If the company cannot keep track of its personnel, it becomes liable for its actions.
Were the damages foreseeable based on the actions of Northern Shipping Company?
Northern Shipping Company could foresee damages because of a lack of accountability in mooring ships. If the personnel is allowed to have a lack of accountability, mistakes will happen, which can lead to issues with the Northern Shipping Company. Could the damages that occurred with a loss of life and injuries to the local town be foreseen? It can be if there is a lack of a duty of care when mooring the ships.
Rogers, S., & Seaquist, G. (2023). Essentials of business law (2nd ed.). The University of Arizona Global Campus. www.login.uagc.edu
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