BBA3210 ColumbiaSouthern Unit 8 Dynamic Business Law Discussion
Bob operated a flower shop as a sole proprietorship and decided to formalize the operation of the flower shop, so he formed a limited liability company (LLC) to own and operate the flower shop. After the LLC was formed, the LLC hired David to drive the delivery van that was owned by the LLC and that was used to deliver flowers to customers of the LLC. One day when David was delivering flowers for the flower shop using the van, he ran a red light and collided with a car driven by Jan, causing injuries to Jan and damages to her car.
Who can Jan sue for the injuries that she received in that accident? Are there theories of recovery that Jan can assert that might make Bob liable? What facts would be necessary for Bob to be liable to Jan?
Response must be in your own words and no references as per the professor. The response does not have to be long. Please do not extend two paragraph
Textbook:
Kubasek, N., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. (2016). Dynamic business law: The essentials (3rd ed.). New York, NY: McGraw-Hill Education.
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Please respond to my classmate response below:
Even though David was reckless while delivering the flowers and end up causing an accident as a result of running a red light. He was still carrying out his job duty in other words he is doing the job of the company. So therefore, because Bob flower shop is was limited liability company Jan can only sue the business for the injuries she sustains from the accident. In fact, Jan can sue, and enforce a judgment against, the business entity itself. However, she cannot sue the owners, officers, or managers of the corporation or LLC as individuals, unless she has a personal claim against owners that is separate from their role in the corporation or LLC. That’s because in most situations, the real people who own or operate the corporation or LLC aren’t themselves legally liable to pay the corporation’s or LLC’s debts unless there was fraud or a personal guaranty.
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