Business Law Question

Instructions: Read the situation and Go through the Questions STEP BY STEP, My teacher is trying to train me to go through the process of law(Read Carefully), when answering the Analysis, you must provide facts and cannot use your opinion or emotions to explain, You have to pretend like this is a real case and you are really in law/court addressing this.

Instructions: Read the situation and Go through the Questions STEP BY STEP, My teacher is trying to train me to go
through the process of law(Read Carefully), when answering the Analysis, you must provide facts and cannot use
your opinion or emotions to explain, You have to pretend like this is a real case and you are really in law/court
addressing this.
DO NOT CHANGE THE FORMATTING OR THE ANSWERS THAT ARE ALREADY WRITTEN.
FRAMEWORK FOR ANSWERING NEGLIGENCE QUESTIONS ( Keep the Formatting) – DO NOT CHANGE THE
FORMATTING ,AND DON’T CHANGE THE ANSWERS THAT ARE ALREADY WRITTEN)
Two eight-year-boys were seriously injured when riding Honda mini trail bikes provided
by their parents. The boys were riding on public streets and ran a stop sign when they
were hit by a truck. One boy was not wearing a helmet. The bikes had clear warning
labels on the front stating that they were only for off road use. The owner’s manual was
clear that the bikes were not to be used on public streets and that riders should wear
helmets. The parents sued Honda.
The supreme court of Washington said that there was one basic issue. “Is a manufacturer liable when children are
injured while riding one of its mini trail bikes on a public road in violation of manufacturer and parental warnings?” Is it
unethical to make products like mini trail bikes that will be used by children, when we know some accidents like this
will happen? Please answer the questions below.
Is the manufacturer liable in the scenario given, when the children were
injured while riding one of its mini trail bikes, on a public road, in violation of
manufacturer and parental warnings? Please explain below as you go through the questions
1.
What tort was committed
Negligence
2.
Definition of the torts
Definition of Negligence is where you intend the act, but you do not intend the consequences.
All four elements must be established before a person can be liable for negligence.
Duty – The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings
with others.
Breach- In tort law, breach is the failure to fulfill a legal duty of care, resulting in harm to another party.
Causation- causation means showing that the defendant’s actions caused the harm or injury and that it wouldn’t
have happened without those actions.
Damages – In tort law, breach is the failure to fulfill a legal duty of care, resulting in harm to another party.
3. Analysis – Apply the facts to the definition. If one of the elements cannot be established then there is no
negligence. You must find all 4 elements before a person can be held liable.
( You must read the situation at the top of the page and identify each in the paragraph, provide the facts and
you can only use legal terms for the explanation, no opinion, Each explanation need to be 4-6 sentences. You
need to answer if the MANUFACTURER IS LIABLE OR NOT AND PROVE THAT BY PROVIDING THE FACTS
ONLY, RESPONSE MUST BE 4-6 SENTENCES. IF YOU WANT TO Talk about the parents then you can only at
the end under “ with respect to the parents)
Duty – Facts that apply to show there was a duty. Explain (In 4-6 sentence paragraph)
The Manufacturer of the Mini Trail Bikes (Honda) had legal duty to exercise a reasonable amount of
Breach- Facts that apply to show there was a breach of that duty. Explain ( in 4-6 sentence paragraph)
Causation- Facts that apply to show there was causation. Explain (in
Damages – Facts that apply to show the damages. Explain
With respect to the parents…
Here is where you can talk about the parents but the main focus needs to be about if the manufacturer is liable.
4.
Conclusion
Example : Jim is liable for negligence( this is only an example of how to begin the paragraph)
Is it unethical to make products like mini trail bikes that will be used by children,
when the manufacturer knows accidents like this will happen? Please explain
The manufacturer is not liable because I could not prove that there was…