Criminal Law, Agency Law And Torts Essay

1286 Words May 3rd, 2016 null Page
The various ways that this case can be analyzed will result in different people arguing different facts dealing with contract law, agency law, and torts. The plaintiff and their lawyer could attack this case from several angles. Ethics will be at the forefront of this case with the how to go about getting justice for Mrs. Spirelli and her child as they were at the wrong place at the wrong time.
There isn’t much doubt that if the State/Mr. Spirelli would sue Dr. Benzene and/or Mr. Johnson they would win. So the question really is who should they sue? The Doctor could be sentenced at a max to five years in prison plus assigned damages and at a minimum, probation. On the other hand Mr. Johnson could serve anywhere from two to five years in prison. Also fines and damages could be assigned. But is it worth the risk to sue Mr. Johnson only to find out he owns nothing and no damages would be recovered. This scenario would give justice in the form of a prison sentence, but no money will be given to help the Spirelli’s. The second option is to sue Benzene for negligent homicide in an attempt to get the most amount of money, but the actual killer would be overlooked. There could be two reasons why they would want to sue the Doctor. One is they could realize that they would not get anything from Mr. Johnson to help them pay the bills. The second reason would be that the Spirelli’s believe that the Doctor is responsible for the mother’s death as well because he failed to help Mr.…

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