Business Law 100 Essay example

Submitted By R0B1N
Words: 1072
Pages: 5
Open Document
Part A
1.
The chosen media is the article “Boat crash driver 'was fishtailing', court told” from the newspaper The West Australian.

Criminal Law:
Mr Woolard was driving and crashed his father’s boat while he was intoxicated, seven other persons were on board which two of them got injured (Ms Campbell and Ms Kerr) and Ms Campbell prosecuted Mr Woolard. The criminal law refers to the prohibition and punishment by the state of conduct considered harmful to the general community (Lambiris 2012). In this case, Mr Woolard acted in a harmful way regarding the passengers of the boat. Mr Roberts, one of the passenger, as well as Ms Campbell and Ms Kerr said that Mr Woolard was drunk. Mr Woolard was also told twice by passengers of the boat to slow down. He has been punished for his state of conduct, he was given 18 month suspended jail term and 200 hours of community service (Campbell 2012).

Tort Law:
This case also relates to the Tort law, Ms Campbell and Ms Kerr was badly injured due to the crash of the speedboat into a navigational pylon, Ms Campbell suffers from horrific throat, jaw, mouth and neck injuries while Ms Kerr suffers from a fractured vertebra among other injuries. The person accountable for the harm done to the two girls is Mr Woolard who was driving the boat.

2.
• Allows people to organise and plan;
As Mr Woolard harmed and injured Ms Campbell, a financial compensation have been given to her, to cover her medical treatment. Thus she should organise and plan the time she will spend at the hospital, her meeting with the doctors and how she will spend the money.

• Encourages or discourages particular activities;
The law encourages people who have been unfairly harmed to testify in a court, it is a part of the tort law, which states, The rules of liability for harm done by one person to another or their property (Lambiris 2012, xv). In the case of the media report, Ms Kerr is encouraged to testify against Mr Woolard in a District Court civil trial launched by Ms Campbell, so that Mr Woolard pays for his state of conduct and for the harm done to the community.
On the other hand, the criminal law discourages and punishes behaviors considered harmful to the general community (Lambiris 2012, xv). Concerning the media report, Mr Woolard’s state of conduct is considered prohibited and should be punished by law. Boat-driving while being drunk is prohibited by the law, as well as, driving very fast or doing fishtailing.

• Creates rights and duties that can be enforced; and
Everyone on earth has rights and duties to respect, people could do whatever they want otherwise and it will be chaos, this is why the civil law refers to the creation and enforcement of private legal rights and duties between individuals (Lambiris 2012, xv). In the case the article, Mr Woolard, as a citizen, has the duty to respect the passengers of the boat, if not, we shall be punished by law. Ms Campbell, on the other hand, has the right to prosecute Mr Woolard if he fails his duties or if he put her life in danger.

• Provides remedies when right are interfered with or duties are not discharged.
According to the article from The West Australian, Mr Woolard was enforced to provide emotionally, financially and morally response to Ms Campbell. He did provide what he was required to Ms Campbell, but she felt that the family acknowledgment was inadequate. In addition to the financial and moral punishment, Mr Woolard was also given 18-month suspended jail term and 200 hours of community service.

Part B

1. In which court was the reported case decided?
The case was reported in King’s Bench High Court (COHEN v. SELLAR)

2. Will this decision be treated as either binding or persuasive by a Western Australian State Supreme Court and why?
This decision will be treated persuasive by a Western Australia State Supreme court because the decision will be from a different hierarchy. The hierarchy is different
Show More

Related Documents: Business Law 100 Essay example

Leg 100 Business Law I Quiz 1 Essay

Course Business Law I Quiz 1 LEG100 This quiz consist of 20 multiple choice questions and covers the material in chapters 1 through 4. There are five questions from each chapter. Be sure you are in the correct Chapter when you take the quiz. • Question 1 4 out of 4 points The ______ approach recognizes that “business decisions consist of continuous, interrelated economic and moral components.” Answer Selected Answer: Systems Correct Answer: Systems…

Words 924 - Pages 4

Week 5 Knowledge Check Study Guide 2 - Challenges in business ethics and social responsibility Essay

9 / 9 Questions Challenges in business ethics and social 100% 1 2 3 100% 4 5 6 100% 7 8 9 responsibility Corporate social responsibility Complications associated with whistleblowing Concept: Challenges in business ethics and social responsibility Mastery 1. 100% Questions 1 2 3 What is one of the challenges in business ethics? A. Business ethics is completely independent of the law. B. Business ethics does not assert the obvious. C. Business ethics issues are unrelated to…

Words 992 - Pages 4

Employment Laws Essays

Employment Laws and Compliance To: Tracy Goldman From: XXXXXXX Date: August 10, 2014 Subject: Employment Laws and Compliance I have compiled an employment compliance plan for Bradley Stonefield for the future opening of Landslide Limos. Based on the information Mr. Stonefield has provided here are the major employment laws that will apply to his business. Title VII of the Civil Rights Act of 1964, Title I and V of the American Disabilities Act, The Equal Pay Act of 1963 and The Immigration…

Words 707 - Pages 3

Antitrust Laws

Antitrust Laws in United States are similar to Competition Law in India. The basic purpose behind these laws is to check the practice having adverse effect on competition in the market, to sustain a fair market competition and also to protect the consumer’s interest. The main statutes of Antitrust Law in US are the Sherman Act 1890, Clayton Act 1914, and the Federal Trade Commission Act 1914. The antitrust laws prohibit unlawful mergers and business practices in general terms, leaving courts to decide…

Words 1210 - Pages 5

Phase 2 Individual Project for Legal and Ethical Business Class Essay

Phase 2 Individual Project Arin Sanders Colorado Technical University Participating in international business can be very risky and lucrative all at the same time. It is important to know the key factors and controllers when doing business on foreign territory. There are many things to consider when you look at day to day operations and cultural differences, but more so what you do in the event of a national state of emergency. There are always political issues, and individual problems that each…

Words 956 - Pages 4

Argument Immigrants In The US

United State is one of the few countries that permitted equal right to all American and document immigration. Even with the nation financial crisis, this right will never be tarnished. To preserve your right, you must obey and respect the laws, despite how you feel “personally” about it. That is to said, abusing your right will not only lose your privilege, but also leading to your deportation unless you notarize yourself as a national US citizen. To be honest, this is where some people think what…

Words 246 - Pages 1

The History Of American Law

Law is a set of rules that bind a group or individuals together to stay on the right path within a society. The law is mainly used to protect others and their property. Any undesirable activity is against the law. Basically, the law is a high authority that everyone must follow in order to keep peace. I feel like if the situation is permitted in the foreign country Castle & Cooke will not be violating any US laws. When you look at the functions of the law it includes maximizing an individual’s freedom…

Words 380 - Pages 2

Bus 110 Final Exam

BUS 110 Final Exam 1. Sole proprietorship is a form of business in which the owner is actually the business; the business is not a separate legal entity. Characteristic element of the conduct of individual business is full responsibility of the owner. Wells Fargo sued Barry Constantine d/b/a The Scone Stone because they stopped received payments on the loan, which means that Mr. Constantine is personally liable for the Debt, because he is fully responsible for a company. He creates this company…

Words 787 - Pages 4

Essay on Business Proposal

Services Dear : Communications Plus is pleased to submit a business proposal offering our services to assist with your company’s business needs. What distinguishes Communications Plus from other Communications companies is the time and effort we dedicate to understanding our clients’ needs and our proven ability to work professionally and efficiently. We value our clients and go the extra mile to ensure that each and every client is 100% satisfied. In addition to our strong work ethic and client…

Words 1145 - Pages 5

Taxation Law Case Analysis Essay

company under s6(1) of the Income Tax Assessment Act 1936. As cases are determined on the basis of all relevant facts and circumstances of each case, this analysis will focus on how the court’s decision process determined whether Crown had carried on business in the years 2004-2007 inclusive and the existence of central management and control (CM&C) in Australia. The purpose of this is to assess the valuation of Crown’s taxable income, which ultimately resulted in the objective decision to be set…

Words 1440 - Pages 6