Essay Title: 

project 2 business law

March 24, 2016 | Author: | Posted in law, legal issues

Business Law

2006

Case 13-7

No . The court should not dismiss the complaint

It is the policy of the state to disallow a guilty party from suing based on a cause of action that involves illegal or immoral conduct of which he took part . Simply stated , a person cannot recover from the illegal acts of others if he himself participated in that act . On the other hand , it is also state policy that persons must be held accountable for their acts and omissions even if they are minors . The guilty [banner_entry_middle]

minors must not be allowed to go scot-free just because the club owner was unable detect their dishonesty

In this case , the minors used fraudulent and unlawful means to gain access to an establishment that is legally off-limits to them . It is a matter of evidence on whether the club personnel exercised the reasonable amount of care and diligence in to prevent such minors from illegally entering the club . It is true that the responsibility to regulate admissions to the clubs and taverns are placed upon the operators . theless , all the law requires is that the club owners exercise ordinary human care in ascertaining the eligibility of its patrons to enjoy the club ‘s facilities . It would unreasonable to expect that the club staff would be able to flawlessly detect counterfeit documents . What the court must do is to review the evidence and determine if the fraudulent documents presented by the accused minors were so difficult to tell apart from the genuine thing as to confuse a person of ordinary diligence and prudence

Case 14-7

Black ‘s Law Dictionary (8th edition ) defines duress as a “threat of harm made to compel a person to do something against his or her will or judgment esp , a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition ” Under case law , duress is a wrongful act or threat that left the victim no reasonable alternative , and to which the victim in fact acceded , and that the resulting transaction was unfair to the victim . The threat must be so serious that it makes the victim believe that he or she has no other option but to enter into the agreement . It must divest the victim of his or her free will

In this case , Daigle signed the promissory note under duress . There was a wrongful act or threat when McGowan said he would withdraw from the case if Daigle refuses to sign the promissory note . McGowan dismissed Daigle ‘s request to have another lawyer examine the document by promising him that the note would be delivered to Ruchik after it is signed . Daigle felt that he had no reasonable alternative because he would either have to get another lawyer (which would be very expensive and taxing since the trial had already commenced ) or handle the case himself (which would be even more difficult considering that Daigle is not trained in law… [banner_entry_footer]

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