Occasionally, When the Common Law Is Applied to the Facts

question 16

Essay

Occasionally, when the common law is applied to the facts of a case that is before the courts, the injured party faces a financial or personal hardship as a result. This often occurs where the strict application of the law prevents the recovery of damages by the injured party because of some action taken by him, which may have been unintentional of inadvertent. Discuss what the court may do in such an instance at the request of the injured party and explain whether you believe the outcome to be desirable.

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Definitions:

Return-of-Service Form

A document that is used to certify the delivery of legal documents to a party involved in court proceedings.

Affidavit

A written statement made under oath, used as evidence in court.

Registered Agent

A person or business designated to receive legal documents and service of process on behalf of a company.

Corporation

A legal entity that is separate from its owners, with its own rights and obligations, and can conduct business, enter contracts, sue, and be sued.