Question

Discussion Question

1) In the Tony Caruso case described throughout this chapter, the defender offer to settle the case as several stages. Knowing what you do now aboiut litigation, would you have accepted any of the offers? If so , which ones? If not, why not?

cours introduction to business law

Answer 1

Dear student as you did not mentioned the case study or not even the summary of chapter , thus i have provided a generic view of what i know about the tony caruso case.

Introduction
litigation is basically a process in which the regulations , rules and procedures as described and enforced by the system of law are used to help in order to solve the issues and cases arising between the opponents bound legally under law.

Opinion:
Thus using the knowledge of litigation and going through the case study of Tony Caruso , i being a plaintiff , believe that it will be most appropriate and wise for me to accept the offer before the trial.

Explanation:
Because the system of justice and the process of reaching to a conclusion in the court system is very complex and thus takes a lot of time.
So eveytime the judge sets a trial it will cost a lot of money for me to go through the process everytime and infact not even being sure whether the case would be in my favoyr at the end or not and not being sure what will the amount of claim court will set for the defendant to pay me.

Also even if happens, that I (being a plaintiff) wins the case at trial , but it might happen that the defendants on the other hand might also appeal the case due to which the claim thus made will not be recieved until the oeriod his appeal either gets rejected or hearing starts all again over.

Reasoning
Moreover the another most important thing to take into consideration is the business which already has suffered a lot in terms of financial problems as the funds are being consumed in the case , further all the personal attention is also towards the case due to which naive decisions might be taken in regards to business activities.

Thus For trying diligently to win the case, plaintiff needs to indulge the staff of the business for examining and monitoring the case , and predicting the most likely outcome and formulate strategies to turn it into one's favour which involves a lot of efforts , time and money.

Thus it Will be better to accept the offer that the defender offers to settle the case as several stages .

The offers:
The Defendant's offer of a total sum of Rs $1 million which he offered before the trial should be accepted and then the offer in several stages which although is very low should also be accepted in order to not let the business suffer as well for saving time and money otherwise consumed in trails.

Thus accepting the half of the price of the claim initially made will be more appropriate as per the situation prevails.

Hope i explained well.

Next time please mention the case for answering the qn ,

using my knowledge i hope you find it relevant enough

thank you

god bless u n good luck .

:)