Business Law and Ethics

Business Law and Ethics.


TASK DESCRIPTION – ASSIGNMENT 1 (Individual Report 50%)
TASK

1 (a) Avril runs a construction business, whose services she advertises in local print and online media. Belinda contacts Avril to have a shed built and provides a description and drawing of the planned shed. Avril responds by return and quotes a price of £750 in writing, with the stipulation that the offer remains open for a period of seven (7) days. Belinda emails Avril within the 7-days period that she will not accept the quotation. A couple of days later, having had second thoughts, Belinda emails back that she will accept the quotation after all. Avril emails back that the price is now £900.

State what a contract is, and the conditions for forming one. Then, advise Avril and Belinda on which contract(s), if any, have been formed in this negotiation and their rights and responsibilities under such contracts.

(b)        Charlie distributes advertising flyers offering electrical services to homes in the town of Flitterbug. Darwash contacts Charlie at the email address printed on the flyer seeking extensive wiring replacement at his home. Charlie replies that any eventual contract will be made with him, but sends Eddie, an independent contractor, to assess the work needed. Eddie quotes Darwash £3,500 for the work. Darwash emails Charlie to accept the quotation. He does not hear back from Charlie, but Eddie phones to confirm that he will start the following Monday. Eddie completes the work. Darwash receives a bill for £3,500 from Eddie and £500 from Charlie. It turns out that Charlie is not the electrical contractor, but merely an agent who finds work for other electricians, like Eddie. After turning on the taps in his home, Darwash discovers that Eddie’s work is incompetent and needs to be redone entirely.

Advise Darwash on which contract(s), if any, have been formed and his rights and remedies in relation to both Charlie and Eddie.

LENGTH REQUIRED

A maximum of 1500 words.

FORMATTING AND LAYOUT

Please note the following when completing your written assignment:

  1. Writing: Written in English in an appropriate business/academic style
  2. Focus: Focus only on the tasks set in the assignment.
  3. Document format: Essay
  4. Ensure a clear title, course, and name or ID number is on a cover sheet and a bibliography using Harvard referencing throughout is also provided.
  5. Research: Research should use reliable and relevant sources of information e.g. academic books and journals that have been peer reviewed. The research should be extensive.

The use of a range of information sources is expected – academic books, peer reviewed journal articles, professional articles, press releases and newspaper articles, reliable statistics, company annual reports and other company information. All referencing should be in Harvard style.

Business Law and Ethics

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Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law?

When a convicted felon, referred to in legal terms as a felon, commits a violent crime such as robbery resulting in the death of others, the consequences are severe and far-reaching. Such acts are not only a violation of criminal law, resulting in charges like murder and robbery, but also trigger potential civil lawsuits from the victims’ families for wrongful death and other damages. This exploration of “dual jeopardy” will shed light on the distinct legal landscapes a perpetrator faces when their actions cause harm and loss of life.

Key Takeaways:

  • A single act, such as a robbery resulting in death, can trigger both criminal charges and civil lawsuits.
  • Criminal law focuses on punishing the offender and protecting society.
  • Civil law aims to compensate victims or their families for their losses.
  • A felon faces additional charges due to their prior conviction and potential weapon possession.

The Criminal Side of the Equation

In the eyes of the law, a felon who shoots and kills two people during a robbery has committed multiple criminal offenses, each with its own set of potential consequences.

Murder: The Most Severe Charge

The most serious charge in this scenario is murder. Depending on the jurisdiction and the specific circumstances of the case, the felon could be charged with first-degree murder, second-degree murder, or felony murder.

  • First-degree murder is often defined as a premeditated and intentional killing, carrying the harshest penalties, including life in prison or the death penalty in some states.
  • Second-degree murder is generally a non-premeditated killing, done with malice but without specific intent to kill. It still carries severe penalties, typically a lengthy prison sentence.
  • Felony murder is a rule that applies when a death occurs during the commission of a dangerous felony, such as robbery. Even if the felon did not intend to kill, they can still be charged with murder under this rule.
Murder ChargeDefinitionPotential Penalties
First-DegreePremeditated and intentional killing.Life in prison, death penalty (in some states)
Second-DegreeNon-premeditated killing, done with malice but without specific intent to kill.Lengthy prison sentence
Felony MurderDeath occurs during the commission of a dangerous felony (e.g., robbery).Penalties can vary but are often similar to first- or second-degree murder
Murder: The Most Severe Charge
Murder The Most Severe Charge

Robbery: A Violent Crime

Robbery is a violent crime that involves taking property from another person by force or threat of force. In this scenario, the felon’s act of robbery resulted in two deaths, which would significantly aggravate the charges.

The use of a firearm during the robbery further escalates the severity of the crime, leading to charges of armed robbery. Armed robbery carries harsher penalties than unarmed robbery due to the increased risk of violence and potential for harm.

Felon in Possession of a Firearm: A Double Whammy

As a convicted felon, the perpetrator is prohibited by law from possessing a firearm. This additional charge compounds the legal consequences they face. Both federal and state laws impose penalties for felons in possession of firearms, which can range from fines to additional prison time.

The Criminal Justice Process: From Arrest to Sentencing

The felon in this case would be subject to the criminal justice process, which typically includes the following steps:

  1. Arrest and Charges: Law enforcement would arrest the felon and file formal charges based on the evidence collected.
  2. Trial: The case would proceed to trial, where a jury (or a judge in a bench trial) would determine the felon’s guilt or innocence.
  3. Conviction: If the jury finds the felon guilty, they will be convicted of the crimes charged.
  4. Sentencing: The judge will determine the appropriate sentence based on the severity of the crimes, the felon’s prior criminal history, victim impact statements, and other relevant factors.

It’s important to note that the legal process can be complex and lengthy, with many potential outcomes. The felon may have the opportunity to appeal their conviction or sentence, and there may be opportunities for parole or probation depending on the specific circumstances of the case.

Civil Lawsuits: Seeking Justice and Compensation

Beyond criminal charges, a felon who commits a deadly robbery can also face significant civil liability. The families of the victims can file wrongful death lawsuits to seek compensation for their losses. These lawsuits operate under a different legal framework than criminal cases, focusing on financial restitution rather than punishment.

Wrongful Death: Holding the Perpetrator Accountable

Wrongful death lawsuits are civil actions brought by the surviving family members of a deceased person against the individual or entity responsible for the death. In the case of a felon committing a robbery that results in fatalities, the victims’ families could sue for wrongful death.

The purpose of a wrongful death lawsuit is to provide financial compensation for the losses suffered by the family due to the death. These losses can include:

  • Funeral and burial expenses: The costs associated with the funeral and burial of the deceased.
  • Loss of financial support: If the deceased was a breadwinner for the family, the lawsuit can seek to recover lost income and future earnings.
  • Loss of companionship and consortium: This refers to the loss of love, affection, guidance, and support that the family members would have received from the deceased.
  • Pain and suffering: In some cases, the lawsuit can seek damages for the pain and suffering experienced by the deceased before their death.

It’s important to note that wrongful death lawsuits are separate from criminal proceedings. Even if the felon is convicted and sentenced to prison, the victims’ families can still pursue a civil lawsuit to seek compensation for their losses.

The Criminal Justice Process From Arrest to Sentencing

Assault and Battery: Additional Civil Claims

In addition to wrongful death, the victims’ families could also file civil claims for assault and battery. These claims seek compensation for the physical and emotional harm caused by the felon’s violent actions during the robbery.

  • Assault: Assault is the intentional threat of harmful or offensive contact. In this case, the felon’s use of a firearm to intimidate the victims during the robbery would likely constitute assault.
  • Battery: Battery is the intentional harmful or offensive contact with another person. The act of shooting and killing the victims would be considered battery.

Additional Legal Considerations

The legal ramifications of a deadly robbery committed by a felon extend beyond the immediate criminal charges and civil lawsuits. Here are some additional legal considerations to keep in mind:

Double Jeopardy: One Act, Two Legal Arenas

The concept of double jeopardy means that a person cannot be prosecuted twice for the same offense. However, this principle applies only to criminal cases. A felon can be tried in criminal court and then sued in civil court for the same act, as these are two separate legal proceedings with different purposes.

The Felon’s Responsibility: Facing Both Criminal and Civil Consequences

A felon who commits a deadly robbery is held accountable for both the criminal and civil consequences of their actions. They may face criminal charges for murder, robbery, and possession of a firearm, as well as civil lawsuits for wrongful death, assault, and battery. The felon’s responsibility extends to both the harm they caused to the victims and the financial losses suffered by their families.

It’s important to understand that even if the felon is found guilty in criminal court and sentenced to prison, they can still be held liable for damages in a civil lawsuit. The criminal justice system focuses on punishment and deterrence, while the civil justice system aims to compensate victims for their losses.

FAQs: Navigating the Complexities of Dual Jeopardy

The intersection of criminal and civil law in cases like the felon’s deadly robbery can be complex and confusing. Here are some frequently asked questions to help clarify the legal nuances involved:

Can a felon be sued even if they are in prison?

Yes, a felon can absolutely be sued while serving a prison sentence. Civil lawsuits operate independently of criminal proceedings. Even if a felon is incarcerated for their crimes, they can still be held liable for damages in a civil court.

How do civil lawsuits impact criminal sentences?

Civil lawsuits typically do not directly impact criminal sentences. The purpose of a criminal trial is to determine guilt and impose punishment, while the goal of a civil lawsuit is to compensate the victims or their families for their losses. However, the outcome of a civil lawsuit can sometimes indirectly influence a judge’s decision in a criminal case. For example, if a jury awards substantial damages in a wrongful death lawsuit, it might reinforce the severity of the crime and potentially lead to a harsher sentence in the criminal case.

What is the statute of limitations for filing a wrongful death lawsuit?

The statute of limitations for filing a wrongful death lawsuit varies depending on the state. In most states, the deadline is between one and three years from the date of the death. However, there may be exceptions depending on the specific circumstances of the case. It’s essential to consult with an attorney to determine the applicable statute of limitations in your jurisdiction.

Can a felon be held liable for punitive damages in a civil lawsuit?

Yes, in some cases, a felon can be held liable for punitive damages in a civil lawsuit. Punitive damages are awarded in addition to compensatory damages (which cover the actual losses suffered by the victim) and are intended to punish the defendant for their egregious conduct and deter others from engaging in similar behavior. However, punitive damages are not awarded in every case, and the amount of damages awarded can vary depending on the circumstances of the case and the laws of the jurisdiction.

Understanding the interplay between criminal and civil law is crucial for comprehending the full legal ramifications of a crime like a deadly robbery committed by a felon. By seeking justice in both the criminal and civil courts, victims’ families can hold the offender accountable for their actions and potentially receive financial compensation for their losses.

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