Wednesday, July 24, 2019
Case Study 2 Essay Example | Topics and Well Written Essays - 500 words
Case Study 2 - Essay Example rs, since the Casino is located on Indian land that falls outside the jurisdiction of the New Mexican Courts and it is the location where the under cooked food was served. She can file on the same grounds of negligence and breach of warranty by a restaurant which sells food to its customers and it can be sued as a third party which caused the sale of contaminated food through its apathy. Robin may have a cause of action against Beauty for trespass and damage to his property in the local District Court at Texas, to claim damages and reimbursement of the cost of the sign which was damaged, since the amount in question is 100000$ and will not fall within the purview of a small claims Court. However, since Beauty was ill when it occurred, the Court may mitigate the damages. However Beauty can also file a counter suit against Robin for bodily assault, and the issue of provocation may also be taken into account by the Court in determining damages, however it will nevertheless mitigate the extent to which beauty may have to reimburse Robin . Beauty can file a suit against Elmer Fudd in the small claims Court in Florida and make a claim on damages caused to the body of her car, in the event that Elmer Fudd is not covered by insurance. The costs of bodywork must be less than 5000$. However, it may also be possible for Elmer Fudd to file a counter claim alleging that he is not responsible for the entire $12,000, since only part of the damage was caused due to his negligence and that he is not responsible for the engine damage. The case against Beasty Boys for recovery of monies Beauty has paid for repair of the car engine could be filed in a small claims court in Delaware where the Company is incorporated, since Delaware state allows for claims up to 15,000$. Beauty could file the suit including the head office in Delaware as well as the local branch of Beasty in Nevada that was responsible for the default. The cause of action would be on the basis of the tort of
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