Chapter 4 - Shawnae Cristobal Legal Aspects of the Business...

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Shawnae Cristobal Legal Aspects of the Business Process Professor Schulz February 4, 2010 Chapter 4: Common Law, Statutory Law, and Administrative Law (1,3,4,6,10) 1. It appears that no state requires restaurant employees to furnish first aid to choking victims, because of the possibility that they could do more harm than good. But some states do require the restaurant to respond. The Wyoming court has ruled that a restaurant has a legal duty to summon aid for a choking victim but no duty to provide the aid itself or train the staff to do so. 3. Virtually every state would refuse to enforce the clause, finding it unconscionable. An “unconscionable” clause is one that grossly and unfairly favors the party with more power. This is such a clause. The problem with permitting this flexibility to enter into contract law is that we now are less certain of being able to enforce contracts generally. A party who wishes to get out of a contract may attempt a claim of unconscionability.
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