Exam 3 Practice Questions

The driver has committed the tort of negligence and owes the employee a duty of care because he did not slow down due to the severe weather conditions. Indeed the defendant did breach the standard of care with poor judgement in this situation. A reasonable person in law does not have to be flawless to be held responsible for their actions.

* The liability does not fall on one individual instead it is assumed by the business in a corporation. Individuals representing the company can still be personally sued in some states.

damages. In order to obtain a judgment of negligence against a doctor the patient has to be able

When the manager has done something personally, this is not within the scope of the proper business of the LLC. The LLC corporate formalities have been ignored, so that a court can pierce the corporate veil. These issues are factual, and an answer could only be meaningful with all the facts made available. Keep in mind that, even if you are not personally liable, you may be sued and have defense costs. Depending on the facts, these may be reimbursable by the

Each member of a liability is held liable for their own capital contributions, but each member is protected because debts lie within the LLC itself. In a sole proprietorship, you, Mr. Robinson are liable for the whole of Kyle Grocery Stores. I would advise that this is typically dangerous, both in the case of financial losses, and also in the case of a horrific event that may turn into a legal battle, which I will also explain

C) In any type of partnership, every partner has the same rights, privileges, and liability exposure as

As one can see form the business matrix how each business offers different types of liability exposure to the owner if they were to get sued? There is a great importance to understand what each business type is and the benefits each type of business offers. Not all business are the same and as such there is a need to see which one fits best for the organization. Each type of business offers benefits that support the business structure however, one can see the perspective from legal situation, if the business organization was to get sued, owner liability differs, some offer limited liability and some offers unlimited liability. A corporation for general partnership, affects owner’s assets, both personal and business. In retrospect, this aspect is a true depiction for business ownership, one has to consider how one can minimize

With Limited liability companies (LLC), they are treated as if they are a wholly separate legal entity. The business is separate and distinct from the business owners, even though the business owners are actually operating the business. So If an LLC incurs debts or otherwise becomes legally liable to another person or entity, the business assets of that LLC may be at risk, but in general, the personal assets owned by the owners of the LLC would be shielded. In reference to this case, 1138 LLC is responsible for paying Siva the debt that is owed. The business as a whole did business with Siva not anyone individually which means not just one person is responsible.

“Liabilities are debts: money you owe. Every business carries some liabilities—for example, ongoing payments to suppliers, rent for your office, compensation to employees, or fees for contractors” (Mancuso, 2014). Added liabilities may result if a business is ravaged by a fire or flood or if the business owner(s) become the victim of a lawsuit—for example, a patron, client or customer decides to sue your company after hurting themselves on company property. It is the intent of this paper to examine the role and responsibility of liability in different types of businesses from sole proprietorships to

Professor Blasick. After reviewing this week’s lesson regarding Dr. Paine. It is determined that Dr. Paine’s accident will fall under Tort of Negligence Law due to this law imposes liability when we fall short to those specific standards. There are five Elements of Tort of Negligence, therefore Element Three: Causation exemplifies more of this issue (Jennings, M., 2010). This is due to the action or the lack of action by the defendant, the plaintiff would not have received injuries (Jennings, M., 2010). Looking at the various Elements, Element one which is called the Duty exemplifies professional duties that fines, imprisonment, for violations (Jennings, M., 2010). Element two consist of the Breach of Duty, this duty consist of showing the

Limited liability Company (LLC): Business’ owners are only subject to limited liability for company’s debts and actions. Owners will be only liable for their own mistakes or negligence that they may show in occasions.

This Agreement is not an Operating Agreement. As such, any subsequent Operating Agreement negotiated between the parties shall effectively terminate this agreement.

The plaintiff, Photo Productions Ltd entered into the contract with defendant Securicor Transport Ltd. One of the employee of Respondent Musgrove started a fire at Photo Production's factory to make himself warm while on duty but he accidentally burnt whole factory including stock worth £615,000. The plaintiff sued the defendant for damages on the ground that they were liable for the act of their employee. The defendant argued that they should not be held liable as there is an exclusion clause in its contract clearly stated that "under no circumstances be responsible for any injurious act or default by any employee… unless such act or default could have been foreseen and avoided by the exercise of due diligence on the part of defendant"

Was the agent motivated to any degree to benefit the principal by committing the act?

BUYERS agrees to purchase and SELLER agrees to sell the following described property, to wit: