Essay on BA 503 Team 2
Ryan Anderson, Erik Bare, Steven Kitchen, Daniel Stewart and Tamara Wogen
Washington State University
BA 503 Foundations In Business Law
Kalvin N. Joshi, Esq., J.D.
NEGLIGENCE AND STRICT LIABILITY
1. What defense will Ragged Mountain probably assert?
As the plaintiff voluntarily entered into a hazardous situation, aware of the inherent risk and danger involved, Ragged Mountain can assert the affirmative defense of assumption of risk. While no employees of Ragged Mountain were present the plaintiff still entered into the activity knowing there was a likelihood of damage or injury. (Clarkson, Miller & Cross, 2014)
2. The central question in this case is …show more content…
The act of state doctrine applies to one nation’s judicial systems not being able to examine public acts committed by a recognized foreign government within its own territory. The act of state doctrine most commonly applies to expropriation or laws passed by foreign governments that take place and apply to its own territory. The act of state doctrine does not apply to this case because the breach of contract is not a public act by the government of Honduras. (Clarkson, Miller & Cross, 2014)
3. Suppose that prior to this lawsuit, the new government of Honduras had enacted a law making it illegal to purchase weapons from foreign arms dealers. What doctrine might lead a U.S. court to dismiss Robco’s case in that situation?
In this case the act of state doctrine would apply because the enacting of a law applying to its own territory is a public act and therefore shields the Honduran government from the United States courts jurisdiction. (Clarkson, Miller & Cross, 2014)
4. Now suppose that the U.S. court hears the case and awards damages to Robco, but the government of Honduras has no assets in the United States that can be used to satisfy the judgment. Under which doctrine might Robco be able to collect the damages by asking another nation’s court to enforce the U.S. judgment?
The doctrine of comity could possibly apply as long legal procedures in Honduras are compatible with the United States and the enforcement of comity did not