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Forfeiting a right to sue to recover further damages

a. is unlawful.
b. is consideration if money is given.
c. is consideration if money is received.
d. is never consideration.

User Rpitting
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1 Answer

6 votes

Final answer:

Forfeiting the right to sue is considered consideration if money is received in return, as it involves giving up a legal right in exchange for something of value. The double jeopardy rule in the Bill of Rights pertains to being tried criminally twice for the same crime and does not apply to civil lawsuits for damages, which can occur regardless of a criminal acquittal.

Step-by-step explanation:

Forfeiting a right to sue to recover further damages is consideration if money is received. When a party gives up a legal right, such as the right to sue, it can be considered a form of consideration provided they receive something of value in return, such as a sum of money. Consideration is a crucial element of a contract that refers to something of value that is exchanged between the parties. When someone agrees to not exercise their legal right to sue in exchange for compensation, they provide consideration since they are forgoing a benefit (the potential damages from a lawsuit) for something else of value (the money received).

In the context of the double jeopardy rule from the Bill of Rights, the correct answer to the question presented is option c, suing someone for damages for an act the person was found not guilty of. The double jeopardy rule protects individuals from being tried twice for the same crime in the same jurisdiction, but does not prevent civil lawsuits for damages related to the same facts, even if the person was acquitted criminally.