Business Law and Motion to Suppress - Assignment Example

BUSINESS LAW There are eight cases referred for advice. After analyzing the cases, conclusion/advice has been given for each question separately. Case 1 – Rebecca Vs Coastal Construction Question – 1: How should the court rule on the motion to suppress the subpoena? Analysis: A subpoena duces tecum or subpoena for production of evidence is a court order to the party to appear before the court and produce documents or other tangible evidence for use at a trial. The case of Rebecca vs. Coastal Construction is with reference to the injury caused by the Coastal Construction’s dump truck. Investigation on the company for alleged bribery is extraneous to the issue of injury as there is no relationship between these two. Motion to suppress the subpoena is a request made by the defendant and his attorneys to the court, 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. “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) Question – 2: Rebeccas complaint should demand what damages? 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. Advice/Conclusion: This is the simplest statutory remedy available to Rebecca. 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 British legal landscape. It was also established in Anns v London Borough Council and known as Anna test that: A sufficient relationship of proximity or neighborhood exists between the alleged wrongdoer and the person who has suffered damage, such that carelessness on the part of the former is likely to cause damage to the latter, There are no considerations relevant which may reduce or limit the scope of any imposed duty. What is fair, just and reasonable to impose liability?  What is the yardstick to be used for measurement?   The assessment of the liability in these cases would be dependent upon the discretion of the judiciary for the simple reason that the terminology is so flexible and wide. Advice/Conclusion: However, the fact that the driver was using a cell phone at the time of the accident brings into play the negligence in duty of care, especially when the law forbids him to do so. This also corroborates the allegation that ‘he was distracted’ and the negligence in duty of care established. Case 2 - Bob Vs Speedy Car Sales Question 4 – If Speedy cannot locate or identify Bob, can they sue Google for the alleged defamatory statements on the blog? Analysis: There is no privity of contract, the principle which governs the law of contract, existing between Google and Speedy, and therefore there is no question of rights or obligations arising out of contract in this case. The common law exceptions to this doctrine are not available to him, and it is not coming under the purview of consumer protection as well. Also, Contracts (Rights of Third Parties) Act, 1999 states “For the purpose of exercising his right to enforce a term of the contract, there shall be available to the third party any remedy that would have been available to him in an action for breach of contract if he had been a party to the contract”. Advice/Conclusion: Under these circumstances, Speedy can’t sue Google. Question 5 – Assume that Speedy has identified and located Bob, and that they sue Bob for defamation. What is the result of their lawsuit? Analysis: In United States the laws of various states differ in their interpretation in relation to defamation. Section 230 of the Communications Decency Act of 1996 provides immunity from liability for statements published on the internet by third parties. The problem is further aggravated if the person’s identity could not be established. The people are entitled to make comment on matters of public interest. In the present case it is difficult to prove that the alleged defamatory statement is not "fair comment and criticism". Advice/Conclusion: Under the above circumstances and in view of the privileges that go with the litigations in favor of the defendants, the defamation case proposed is likely to be dismissed without seeing any trial. Case 3 - Dudley Vs William Blackoak Question 6 - Was Uncle Blackoaks offer a valid contract? If not, why? If it was a valid contract, what form of contract was it? And, Question 7 - If the offer was not a valid contract, discuss what other contract law theory might allow recovery? Analysis: For a contract to be valid there should be an intention to create legal obligation through offer and acceptance. An agreement without consideration is construed as a void contract, and a lawful object should be the subject matter of the contract. In this case the essential elements of a valid contract are missing. In Balfour v. Balfour a husband promised to pay maintenance allowance every month to his wife, so long as they remain separate. When he failed to perform this promise, she brought an action to enforce it. As it is an agreement of domestic nature, it was held that it does not contemplate to create a legal obligation. Blackoak is legally entitled to avoid performance of his part, and hence the contract could be treated as voidable, as it is enforceable by law at the option of one or more parties, that is at the option of Blockoak and not at the option of Dudley. Advice/Conclusion: In either case (void or voidable) Dudley is not in a position to enforce performance of his uncle Blackoak under the contract. Case 4 – Stephen Vs Speedy Car Sales (1) Question 8 - What must Speedy do? Analysis: Under 18 years, a person is considered as a minor in England. But the age for criminal responsibility is 10. But, the age of majority and criminal responsibility vary from country to country. In the present case, at 16 years Stephen is not competent to enter into a contract. An agreement entered into by a minor is void, and the question of enforceability does not arise. If there is fraudulence involved, say for example, concealing his age, he may be compelled to restore the payment. However, he could not be compelled to restore an identical sum, because, it could be treated as enforcement of a void contract. For supply of necessaries of life to a minor, which includes goods and services, one is entitled for reimbursement from the properties of a minor, because it is an obligation similar to contract. Stephen clearly has received advantage under the void agreement. Question 9 - What must Stephen do? Analysis: Minor can plead minority, even if there was false representation at the time of entering into the agreement. However, on the one hand he can’t demand all his money back and on the other, refuse to deliver the car back or reveal its whereabouts. If any amount is due to Stephen based on the valuation of the car, he is entitled to it on delivering the car. Question 10 - Instead of one month before Stephens 18th birthday Stephen writes the same letter but after he turns 20 years old, with about one year left on the contracts installment payments. What is the result now? Analysis: A minor cannot validate an agreement entered into by him as a minor after attaining majority, or enter into a fresh agreement in lieu of the old agreement without consideration. Advice/Conclusion: The pertinent point here may be valuation of the car. If any amount is due to Stephen based on the valuation of the car, it may be paid to Stephen. However, if there is any shortfall, the Speedy cannot enforce performance of the contract, which in any way is void Case 4 – Martha Vs Speedy Car Sales Question 11 - Is the car sales contract enforceable against Martha if she never pays anything toward the car? Analysis: Senility means showing poor mental ability because of old age, especially being unable to think clearly and make decisions. Martha is suffering from senility, and has also lost her driving license. One of the essentials of a valid contract is competency or capacity to enter into a contract. Without ensuring her capacity to enter into a valid contract, Speedy has entered into a contract for sale of the car. Advice/Conclusion: Since Martha is of unsound mind and not capable of understanding or making rational judgment, the contract becomes void and not enforceable. Case 5 – Stephen Vs Speedy Car Sales (2) Question 12 - What result? Analysis: There are essentials of a valid contract such as Offer, Acceptance, Free consent of the parties, lawful consideration and lawful object present in this case, and Stephen is capable of entering into a valid contract. It is a contract with implication by action. Speedy Car Sales has given him the keys to the Mustang and allowed him to drive it off the lot. Speedy Car Sales has also mailed him the title to the car. Therefore, the action on the part of Stephen amounts to breach of contract. Advice/Conclusion: Speedy Car Sales is entitled to the right of action against Stephen who has breached the contract. Case 6 - Joe and Sally Vs Speedy Construction Company Question 13 - Joe and Sally telephone Speedy Construction and tell them to get started. But before Speedy begins any work, Joe and Sally call and cancel the deal. Can Speedy enforce their contract against Joe and Sally? Analysis: The bid is an offer by Speedy Construction, and Joe and Sally have accepted the offer which resulted into a contract. In cases where there is breach of contract, the responsible party to the contract is liable to pay compensation for damages suffered by the promisee including special damages. Advice/Conclusion: Lorrette, K. (2010) states “According to the National Association of Home Builders (NAHB), the Federal Trade Commission (FTC) requires that contractors provide a termination agreement for customers to cancel their home remodeling contract if the contract was signed somewhere other than the contractors office.” Otherwise, termination clause provided in the contract may be referred to. Question 14 – Changed scenario Can Speedy enforce their contract against Joe and Sally? Analysis: Agreements become void due to impossibility of performance, when the act becomes impossible or unlawful. When this fact is known to Speedy construction at the time of entering into contract, they must make compensation to Joe and Sally for any loss suffered by them due to nonperformance. Advice/Conclusion: The Speedy Construction has to refund their deposit as required, since they can’t enforce their contract which is void as they have no license for construction in their state/country. Case 7 - Jefferson and Pristine Car Restoration Question 15 - Was the contract between Jefferson and Pristine Car Restoration enforceable? Analysis: The contract is valid, and the restoration has been completed within the time stipulated. If Jefferson has already accepted the car in finished condition without any complaint, Pristine Car Restoration is entitled to the right of action against Stephen who has breached the contract. Advice/Conclusion: Jefferson is liable to compensate Pristine for any loss suffered by them due to nonperformance on his part which may include special damages the quantum of which will be decided by the court. Case 8 - Henderson and Pristine Car Restoration Question 16 - Was the contract to purchase the Camaro enforceable? Analysis: There was an offer and acceptance with consideration and the object agreed. Failure on the part of Henderson to fulfill his obligations under the contract makes him liable for breach of contract. Advice/Conclusion: The contract is enforceable by Pristine. Making written contract is always advisable. It will reflect what is agreed upon in terms of cost, delivery and other and conditions. High value contract may be given for a review by a lawyer to avoid legal complications. References JEC, Institute of Public Law (2010) Motion to suppress, Magistrate and Metro Court, http://jec.unm.edu/resources/benchbooks/magistrate/2-5-3.htm Lorette, K. (2010). How to Cancel a Home Remodeling Contract Agreement, http://www.ehow.com/how_5931153_cancel-home-remodeling-contract-agreement.html Traffic Accident Advice (2010), How Third Party Insurance Works in an Accident, http://www.trafficaccidentadvice.co.uk/how-third-party-insurance-works-accident.html Read More