UNDERSTANDING BUSINESS-W/ACCESS>CUSTOM<
11th Edition
ISBN: 9781259691980
Author: Nickels
Publisher: MCG CUSTOM
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Question
Chapter A, Problem 1CT
Summary Introduction
To think critically about: Whether plaintiff should pay damages or not.
Introduction:
Tort is an action that causes damage to someone or something. An action is considered tort if that act is wrongful.
Expert Solution & Answer
Explanation of Solution
Plaintiff should only pay the damages if the accusation made by him is frivolous or fabricated and it become obvious during the legal proceedings that the accusation made by plaintiff is frivolous. Plaintiff should pay the damages to the defendant because the frivolous complaint had already cost the defendant time, money and goodwill in fighting this case.
If plaintiff loses the case because of lack of evidence, then plaintiff should not pay any damages. If the damages are levied even when it is not obvious that accusation is frivolous, then it will deter the other person to bring the accusation against other party in the court. It will hamper the system of justice.
Conclusion
Hence, the damages should be paid by plaintiff only when the complaint is frivolous.
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Chapter A Solutions
UNDERSTANDING BUSINESS-W/ACCESS>CUSTOM<
Ch. A.1 - Prob. A.1AQCh. A.1 - Prob. 1TPCh. A.1 - Prob. 2TPCh. A.1 - Prob. 3TPCh. A.3 - Prob. 4TPCh. A.3 - Prob. 5TPCh. A.3 - Prob. 6TPCh. A.3 - Prob. 7TPCh. A.4 - Prob. A.4AQCh. A.5 - Prob. 8TP
Ch. A.5 - Prob. 9TPCh. A.5 - Prob. 10TPCh. A.5 - What are the six conditions for a legally binding...Ch. A.8 - Prob. A.8AQCh. A.9 - Prob. 12TPCh. A.9 - Prob. 13TPCh. A.9 - Prob. 14TPCh. A - Prob. 1CTCh. A - Prob. 2CTCh. A - Prob. 3CTCh. A - Prob. 4CTCh. A - Prob. 1DWSCh. A - Prob. 2DWSCh. A - Prob. 5DWSCh. A - Prob. 1TITCh. A - Prob. 2TITCh. A - Prob. 3TITCh. A - Prob. 4TIT
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