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Business Tort of Negligence
Dewayne, a driver for Speedy Delivery Company, leaves the truck’s motor running in neutral and carelessly forgets to set the parking brake while making a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him.
What must Fazio show to recover damages from Speedy Delivery? If you are the attorney for Speedy Delivery what would be your best defense argument?
Your paper should be between 500-750 words, with at least two cited external resources.
View your assignment rubric.
10th Justice; Employee Arbitration Agreements
All organizations in the country employ people. Employment laws impact everyone, regardless if you are actively employed or not. As employers continue to control costs associated with claims from employees, employers have commonly turned to arbitration agreements. These agreements normally require employees to waive any right or protection afforded by joining a class action and instead forces each individual employee to take the claims before an individual arbitration. The Supreme Court of the United States (SCOTUS) decided this year in Epic Systems Corp. v. Lewis by a narrow margin of 5-4 that employers could enforce these arbitration agreements.
In your assignment this week please explain why the court got this correct AND explain why the court was wrong. Lastly, if you were the 10th justice how would you vote and why?
This link should provide you with details on the case: https://www.oyez.org/cases/2017/16-285
Click on the left hand side under Opinions for full details.
Your paper should be 400-500 words.
View your assignment rubric.
10th Justice; Takings Clause
As you learned this week, the government can enact the concept of eminent domain and take private property so long as it is for the public use and the owner is justly compensated. This concept is hotly contested and often results in a clash between property owners and the government. Developers and businesses generally like the concept of eminent domain and really attempt to stretch the term public use in order to expand business. In 2005 the Supreme Court of the United States (SCOTUS) decided in Kelo v. New London by a narrow margin of 5-4 that city’s taking of private property to sell for private development qualified as a “public use” within the meaning of the takings clause.
In your assignment this week please explain why the court got this correct AND explain why the court was wrong. Lastly, if you were the 10th justice how would you vote and why?
This link should provide you with details on the case: https://www.oyez.org/cases/2004/04-108
Click on the left hand side under Opinions for full details.
Your paper should be 400-500 words.
View your assignment rubric.
