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Business Law: Bertram v. Norden and more (Essay Sample)

Instructions:
I. Read Case 2.1 "Bertram v. Norden, et al." on page 29 of the Cheeseman text. Answer the following questions: a. What does the doctrine of assumption of risk provide? Explain your answer. b. Was it ethical for Bertram to sue his three friends for negligence? Why or why not? c. Why did Bertram want Ohio law, and not Michigan law, to apply to the case? II. Read the Ethics Spotlight "Frivolous Lawsuit" on page 43 of the Cheeseman text. Answer the following questions: a. What is a frivolous lawsuit? Explain. b. Do you think Pearson's lawsuit had any merit? Do you think Pearson acted in "bad faith" in this case? c. How much emotional distress do you think the Chungs suffered because of this lawsuit? c. RESPONSE DUE: Monday, October 18, 2010 source..
Content:
BUSINESS LAW Name: Grade Course: Tutor’s Name: (16, October, 2010) Business Law I. Case 2.1 "Bertram v. Norden, et al Provision of doctrine of assumption of risk Volenti non fit injuria which is the doctrine on the assumption of risk provides that the plaintiff knew of all the dangers involved in an act before undertaking a particular act. It also means that he intended to relieve the defendant of any legal liability because the consequences were clear if anything wrong were to happen If It was ethical for Bertram to sue his three friends for negligence. The case of Perez v. McConkey, 872 S.W.2d 897 (Tenn. 1994), where the assumption of risk was categorized into two as express; where a party assumes risk of another’s negligence his is mostly between employer and employees. Implied assumption this are those that can be identified from a situation where one is like standing close to a road with many passing car while it is possible for a car to sway off the road. It also involves the voluntary doing something which was in Bertram’s case, it was very unethical for him to have sued his thre...
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