business law
Case Analysis
In light of your understanding of the civil and alternative dispute resolution (ADR) process, consider the following scenario:
Pete was seriously injured when the four-wheeled all-terrain vehicle (ATV) he was driving through the trails behind his house rolled over. As a result of his injuries, Pete is unable to work and has incurred $75,000 in medical bills. Pete has filed a lawsuit against the ATV manufacturer to receive compensation for the financial harm resulting from his injuries. Pete claims that the manufacturer defectively designed the ATV, causing it to have a tendency to roll over on rough terrain.
The ATV manufacturer claims that the ATV is not defectively designed and that the rollover was caused by Pete driving at an excessive rate of speed around a corner.
Consider the steps in civil litigation and ADR, and assess the factors that Pete and the ATV manufacturer will consider when deciding whether they should settle this lawsuit. If you were Pete’s lawyer, what resolution would you advise? Be sure to consider the primary forms of ADR and all ADR factors described in the lesson and textbook.
Finally, research and select at least one case from an outside source to support your resolution to the ATV case. Your answer should be a minimum of 500 words. Cite any direct quotes or paraphrased material from these sources. Use APA format to properly reference your information.
book: Textbook Kubasek N Browne M N Herron D J Dhooge L J Barkacs L 2016 Dynamic business law The essentials 3rd ed New York NY McGrawHill Education
Answer preview
Business law plays a significant role in governing business operations such as production and transportation. The law serves to resolve inevitable disputes that involve buying and selling in the market. Parties involved in commercial disputes may determine the dispute through judicial settings or settle the case using Alternative Dispute Resolution methods (ADR). ADR encompasses arbitration, mediation, and negotiation method that involve a neutral third party to resolve the dispute. ADR methods are cheaper and more flexible compared to full trial procedures used in the judicial setting (Kubasek et al., 2016). Before deciding on case resolution method, cost, time and flexibility, requires a comprehensive consideration since the more cost and time consuming a matter is, the more complicated it becomes and in this case analysis,…(700 words)