Sawyer Possesses a Strong Defense

¶ … Sawyer possesses a strong defense against the legal action as outlined by Mills; to wit, the contract outlined by Sawyer was merely an oral offer and presented over a ten-year timeframe. The Statute of Frauds specifically notes that any contract exceeding one year must be devoted to written form else said document is invalid. Mills' secret tape recording of the oral offer is of no consequence because the alleged oral contract implied throughout the conversation was never formally executed as a written contract.

In order for her claim of negligence to be upheld, the female riding the school bus must prove that the driver of said bus: 1) had a duty to refrain from some form of conduct or a duty to engage in some conduct (2) the driver breached that duty (3) the breach actually and proximately caused some harm (4) the plaintiff, as a result of the negligence, sustained damages.

While the school bus driver did have a duty to perform his job in a manner protecting the safety of those on his bus, he could not have foreseen that a bee would fly through the bus window and become trapped in his clothing. Further the driver did attempt to regain control of the bus when it became apparent to him that the bus had slid onto the shoulder of the road thus attempting to fulfill his duty to provide safe transportation to the children on his bus; there was no malice involved in the driver's actions thus there was no breach of his duty in this matter. Though the female did sustain damages when the bus dropped into the ditch, her damages were not inflicted via negligent behavior on the part of the driver.

Given the facts presented in this case, the injured female will not prevail in a lawsuit for negligence against the driver of the bus.

Fair Test's defense in the copyright violation action brought by the College Board will fail at trial. Though some College Board data is readily available to the public, Fair Test took advantage of said data to propound a thesis without securing explicit permission from the College Board via the method devised by the College Board for release of their copywritten and proprietary data.