Bugusa, Inc.

Case Scenarios: BUGusa, Inc.

LAW421/Contemporary Business Law

Case Scenarios: BUGusa, Inc.

BUGusa Inc. (Randy and Brian)

Tort(s) in the scenario

Randy was driving to work when he failed to yield right of way at an intersection, turned left in front of a van, and was struck, he has committed the tort of negligence (University of Phoenix - Case Scenarios: BUGusa, Inc., n.d.) . “Negligence is an accidental (without willful intent) event that caused harm to another party” (Melvin, 2011, p.208). The van was a delivery van owned by BUGusa, Inc., and operated by Brian, a BUGusa, Inc. employee. At the time of the accident, Brian was speeding. Because Brian was speeding at the time of the accident he may also hold negligence and might in part be responsible for the accident. Randy may attach liability to BUGusa, Inc., since Brian was working and operating a company’s vehicle at the time of the accident.

Each and every one who drives has a duty to exercise reasonable care when driving their vehicle. This duty makes drivers liable for acts which they knew would possibly result in damage to people or property and for acts which they should have known would possibly result in harm to people or property.

The defenses that may be available to BUGusa, Inc.

BUGusa, Inc., potential defenses include the breach of duty, cause in fact, comparative negligence and frolic and detour. “Once it has been established that one party owed another party a general of special duty, the next factor is to assess whether or not that party failed to meet these obligation in known as a breach of duty” (Melvin, 2011, p.219). Since Randy is driving a car he has a general duty to conduct the car in a safe and conscientious way. Randy has failed to exercise reasonable care therefore he has Breach of duty.

“After establishing that a breach of duty has occurred, the injured party must also prove that the tortfeasor’s conduct was the cause in fact of the damages suffered by the injured...