Within the Presentation you must identify: i. The Parties (who is suing and who is being sued) ii. The Jurisdiction of the suit (which jurisdiction is the case being brought) iii. The Name and Description of the Tort (what tort are they alleging and what harm are they alleging) (actual name of tort) iv. The Elements of the Tort they are alleging (the actual elements, research them, dont guess) v. The Legal Defenses (if any) to that type of Tort they are alleging (if none, explain why none) vi. The Outcome of the Case (who won, why, what damages were awarded?) This is about to DOW CORNING breast implant case 1. Forum Selection Clause - Please refer back to the Module 1 Assignment Powerpoint and presentation if you need guidance 2. Choice of Law Clause - Please refer back to the Module 1 Assignment Powerpoint and presentation if you need guidance 3. Arbitration Clause - Please refer back to the Module 1 Assignment Powerpoint and presentation if you need guidance 4. Class Action Waiver Clause - (many examples online for this) basically it is a clause in the contract where the two parties agree that they will not enter into a class action lawsuit, but only sue on their own behalf. Remember the Contract you are writing must contain the Essential Elements of a Contract: Parties, Agreement, Consideration (by both parties), Legal Capacity to enter contract, and Contract is not against Public Policy Make sure you label the various required clauses of your contract. Thank you. Just need a slight summary for each question and the contract
DOW CORNING breast Implant Case
Part II: Writing a Contract to Avoid or Limit Litigation This contract refers to the case you presented in Part I: The Contract is being written by you in a way that would have helped to avoid or limit the litigation in the case you presented in Part I. Read the article referenced in the Part il description regarding the importance of these type of contacts, especially in product liability cases. 1. Forum Selection Clause - Please refer back to the Module 1 Assignment Powerjoint and presentation if you need guldance 2. Choice of Law Clause - Please refer back to the Module 1 Assignment Powerpoint and presentation if you need guidance 3. Arbitration Clause - Please refer back to the Module 1 Assignment Powerpoint and presentation if you need guidance 4. Class Action Waiver Clause - (many examples online for this) basically it is a clause in the contract where the two parties agree that they will not enter into a class action lawsult, but only sue on their own behalf. Remember the Contract you are writing must contain the Essential Elements of a Contract: Parties, Agreement, Consideration (by both parties), Legal Capacity to enter contract, and Contract is not against Public Policy Make sure you label the various requiced clauses of your contract. The Onening paragraph of the contract shall identify the parties, their legal capacity, the agreement entered into, and the consideration paid or given. The fact the contract is or is not against public policy will be show through the terms of the entire contract. As long as you are not writing the contract in bad faith nor contracting for an illegal action, the contract will not be against public policy. Thoose a case from the list provided in the Article (there are only 5 cases to choose from...choose 1 case from he list) Create a NARRATED and RECORDED PRESENTATION that has at least 7 slides a. Within the Presentation you must identify: i. The Parties (who is suing and who is being sued) ii. The Jurisdiction of the suit (which jurisdiction is the case being brought) iii. The Name and Description of the Tort (what tort are they alleging and what harm are they alleging) (actual name of tort) Iv. The Elements of the Tort they are alleging (the actual elements, research them, don't guess) v. The Legal Defenses (if any) to that type of Tort they are alleging (if none, explain why none) vi. The Outcome of the Case (who won, why, what damages were awarded?) urpose of this Presentation is to inform, therefore clearly label the slides so that the information being nted is easily identifiable to the watcher. Make sure you include all requested information and present it in an y, understandable way. Part II: Writing a Contract to Avoid or Limit Litigation This contract refers to the case you presented in Part I: The Contract is being written by you in a way that would have helped to avoid or limit the litigation in the case you presented in Part I. Read the article referenced in the Part il description regarding the importance of these type of contacts, especially in product liability cases. 1. Forum Selection Clause - Please refer back to the Module 1 Assignment Powerjoint and presentation if you need guldance 2. Choice of Law Clause - Please refer back to the Module 1 Assignment Powerpoint and presentation if you need guidance 3. Arbitration Clause - Please refer back to the Module 1 Assignment Powerpoint and presentation if you need guidance 4. Class Action Waiver Clause - (many examples online for this) basically it is a clause in the contract where the two parties agree that they will not enter into a class action lawsult, but only sue on their own behalf. Remember the Contract you are writing must contain the Essential Elements of a Contract: Parties, Agreement, Consideration (by both parties), Legal Capacity to enter contract, and Contract is not against Public Policy Make sure you label the various requiced clauses of your contract. The Onening paragraph of the contract shall identify the parties, their legal capacity, the agreement entered into, and the consideration paid or given. The fact the contract is or is not against public policy will be show through the terms of the entire contract. As long as you are not writing the contract in bad faith nor contracting for an illegal action, the contract will not be against public policy. Thoose a case from the list provided in the Article (there are only 5 cases to choose from...choose 1 case from he list) Create a NARRATED and RECORDED PRESENTATION that has at least 7 slides a. Within the Presentation you must identify: i. The Parties (who is suing and who is being sued) ii. The Jurisdiction of the suit (which jurisdiction is the case being brought) iii. The Name and Description of the Tort (what tort are they alleging and what harm are they alleging) (actual name of tort) Iv. The Elements of the Tort they are alleging (the actual elements, research them, don't guess) v. The Legal Defenses (if any) to that type of Tort they are alleging (if none, explain why none) vi. The Outcome of the Case (who won, why, what damages were awarded?) urpose of this Presentation is to inform, therefore clearly label the slides so that the information being nted is easily identifiable to the watcher. Make sure you include all requested information and present it in an y, understandable way
