Business Law Final Case Study Essay Example | Topics and Well Written Essays - 2000 words

Business Law Final Case Study - Essay Example In addition to this view, in a case where the defamation involves a very public person and or is a matter of public concern, the plaintiff, as the complainant in the case, has to provide or give proof in the court of law that the claims or comments made by the defendant are false, and also that the defendant has either known of the truth of the claim and has simply acted recklessly and disregarded the truth out of pure malice towards the complainant or plaintiff. The statements that Knarles has made to his friends and colleagues are by all means just personal opinions, rather than facts; they are far from facts. If this is the case, then by all means, there is no case of defamation at all (Defamation. Ewell v. Boutwell, 1924). If Knarles was not simply stating his opinions about the person – the plaintiff who is Ian Chetum, then in that case his statements and comments could be considered as defamatory in nature. This is because in as much as his statements and comments could have been simple, fair comments to an issue that is of public interest and concern, Knarles had no proof of any kind that his statements were or are the truth. Therefore, as such, Knarles’ statements were made in high disregard of what is the truth, and this is utter recklessness. Consequently, Knarles can be sued for defamation by Ian Chetum. Chetum v. Stucko The next legal issue arises between Ian Chetum and Stucko. The legal issue at hand is still defamation. Just as, stated above, a case of defamation has to be backed by proof that a false statement of a fact has been made about the complainant, and have been made by a third party and caused damage to be liable in court (Defamation. Ewell v. Boutwell, 1924). The statements made by Stucko are obviously factual. If we assume that he made the statements with knowledge that he was falsifying them or blatantly disregarding the truth, then in that case he would be very liable to be charged for defamation. Nonetheless, the truth is often used as a defense for defamation claim – therefore, if the claims and statements are the truth, then Stucko has no case to answer on the grounds of defamation. The Residents v. Chetum This is the next case that the business conflict has brought up. The legal issue at hand is that of Battery. The rule of common law on Battery is that it is the intentional and or offensive act of touching of a third party without their privilege or consent to any way (Battery. Cavuoto v. Buchanan, 2004). When the building owner Ian Chetum tells the plumber from Knarles and Barkley’s company to ‘fix it’, – when referring to the broken boiler, and at the same time knowing that the broken boiler is highly defective, and the manufacturer had recalled their product, Ian Chetum, as the owner of the building is intentionally engaging in a harmful ‘touching’ of all of the residents of his building

The encounter between the Europeans and the American Indians Essay

The encounter between the Europeans and the American Indians - Essay Example The first source is divided into three phases. The first phase talked about the exploration and contact of the Europeans with the Amerindians till 1600, the second phase talked about the cultural identities of the New World and the settlement of the Europeans till 1700 and the third phase talked about the events that took place in Native America in the eighteenth century (Castillo & Schweitzer, 2001). On the other hand, the second source talks about the Columbian voyages, the Columbian exchange, the biological metamorphosis of the New World due to their interaction with the Europeans and infectious diseases that arise due to this interaction (Crosby, 1994). The first source did a great job in correcting people’s perspective on the cultural diversity of the Amerindians (Castillo & Schweitzer, 2001), while the second source did a great job in showing the biological transformation of the New World (Crosby, 1994). The two sources showed that it was actually greed that motivated the interaction of the Europeans with the Amerindians as they sought to exploit these people. Though the two primary sources talked about similar and different issues, but the fact remains that, the accounts are reliable as they are coming from renowned historians. They provided ample evidence to support their assertion and this is what adds to the reliability of their accounts. Thus, the accounts of the two primary sources are reliable.