Tuesday, February 4, 2020

Business law Assignment Example | Topics and Well Written Essays - 1000 words

Business law - Assignment Example t, that certain evidence be not presented or considered legal at the trial because it is believed by the defendant that the evidence has been obtained by the illegal means, generally in  violation  of the  Fourth Amendment  (search and seizure), Fifth Amendment  (privilege  against self incrimination). Advice/Conclusion: If the evidence with regard to bribery has been obtained by illegal means in violation of Fourth/Fifth Amendment, there is a case for suppression of subpoena and the judge may hear and decide a motion to suppress. â€Å"At a hearing on a motion to suppress, the judge may receive evidence on any fact related to the motion. Hearsay is admissible. Evidence Rules 11-1101(D)(1) and 11-104(A).† (JEC, Institute of Public Law) Analysis: Its compulsory to take third party insurance in most of the states in US. Innocent victims who are not responsible for accidents would be covered under third party insurance. The driver of the vehicle pays for the medical expenses with his third party insurance. Question – 3: Rebeccas complaint also alleges that in Rebeccas state there is a law forbidding commercial truck drivers from using cell phones while driving and that Coastal Constructions driver was using a cell phone at the time of the accident. What cause of action does this describe? Analysis: Apart from duty of care arising out of contractual obligations, individuals owe duty of care to strangers as well. An individual or group on performing any activity that harm another, either physically, mentally, or economically, ‘negligence in duty of care’ comes into picture. Taking reasonable care to avoid acts or omissions which a person can reasonably foresee would likely to injure others is the underlying point.   When a person is not responsible for the situation that warranted any incident which resulted into injury to others the person is not liable.   This general principle was established in the land mark case of Donoghue v Stevenson.in the

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.