Essays on Product Liability

What defense might be raised in this case?

In the case of Dr. Nalwa, the defendant can raise the defense of primary assumption of risk. The defense in commonly brought up in sporting activities where a participant voluntarily and willingly chooses to take part in the game despite being cognizant of the fact that he or she may be injured or incur some form of loss(Owen, 2014). Dr. Nalwa willingly and voluntarily chose to engage in the sport of bumper car riding. No one compelled her to participate in the same. By dint of the voluntariness, it is presumed that she was aware of risks inherent ...

Product Liability

The Precession Tools Corporation’s case scenario raises issues of liability of manufacturers and suppliers of products. The law of product liability provides for Strict Product Liability which requires the claimant to prove the product’s defect and that the defendant was engaging in it sell. The product must be dangerous for use, and physical harm must be occasioned to the plaintiff (Miller, 2010). In the case of design defects, occurs where necessary alteration could reduce the foreseeable anomaly. The product is defective when foreseeable risk could prevent by providing additional warnings. As sellers of products, all that Procession ...

The case involves a guest of the hotel in Jamaica, where a guest was severely injured while working out in the fitness center of the hotel.  

Issues:

What jurisdiction and law should apply for the case? The jurisdiction and law that should apply here is the Jamaican law, in Jamaica. The US law in Miami cannot apply because, as stated in 28 U.S.C subsections 1391(a), a US court only has jurisdiction in such cases over the defendants where at least one defendant is domiciled in the particular judicial district. This principle has been affirmed in the case of Steven ...

The 1979 Sale of Goods Act is the most comprehensive pieces of legislation on commercial law in the UK that governs, inter alia, contracts for the sale of goods, implied terms in sale of goods, rules governing the transfer and possession of property (goods) and also provides some of the remedies that purchasers (buyers) may have against sellers for defects in goods or otherwise (Dobson, Dobson & Stokes 2012, p. 10). This Act thus ensures the effectiveness of the legal relationship between businesses and customers, for it contains rules and regulations that seek to protect the rights of buyers and ...

Identify and describe the different categorization of crimes? How are crimes different than torts?

The common categorization of crimes includes treason, felonies and misdemeanors . Treason, which is rare, is one’s act against the state threatening its sovereignty and integrity. Felonies are serious offenses like murder, manslaughter, rape, robbery, kidnapping, tax evasion etc. that attract several years of imprisonment and a heavy fine. Misdemeanors are less serious offenses, mostly punishable by fines or a brief stay in the jail. Some of the examples of misdemeanors include simple assault, gambling, prostitution etc. However, other simple offenses like traffic violations are not considered as misdemeanors and are generally considered as violations or infractions. Crimes can ...

Introduction

The business planning and formulating is not as easy and simple as it seems just like to run operations and deal with staff. To start a new business, it is very important to understand the nature and role of entrepreneurship. Many entrepreneurs have succeeded, and many have failed in the past, it means that there is something exist that can differentiate the successful and failure entrepreneurs. Before conducting a plan for the new business of wedding planner services, it is needed to understand the needs, challenges and risks in the development of new business and how these challenges and ...

[Monti Cleaning]

Business Plan

Business Plan template 1 Business Plan Summary 3 The Business 3 The Market 3 The Future 4 The Finances 4 The Business 5 Business details 5 Registration details 5 Business premises 5 Organisation chart 5 Management & ownership 6 Key personnel 6 Products/services 7 Unique Selling point.7 Anticipated demand8 Risk management 8 Operations 8 The Market 9 Market research 9 Market targets 9 Environmental/industry analysis 10 S.W.O.T. analysis 11

Advertising & sales 12

The Future 13 Vision statement 13 Mission statement 13 Goals/objectives 13 Action plan 14 The Finances 14 Key objectives & financial review 14 Start-up costs for [YEAR] 15 Balance sheet ...

Business Law

Without the Supremacy Clause, there would always be overlapping and conflicting federal and state law. The Supremacy Clause ensures that federal law always preempts state law if there is a conflict. In the absence of a Supremacy Clause, there would be a floodgate of litigation regarding choice of law questions and which law applies to a particular case. In this case, Wyeth did act ethically because if a large drug-manufacturing company immediately admitted to liability every time a plaintiff sued, alleging negligence, the company would surely go bankrupt. In the face of a civil suit, the company is entitled ...

Introduction

Product recalls by companies in China is a common phenomenon. In recent years, product recalls have affected Mattel toys, Pet foods, baby milk powder, Dell batteries, and baby bibs from Wal-Mart are some of the companies that have been hit by product recalls. In the case of Mattel, over 20 million toys were recalled in 2007. The recall of Mattel Toys came after safety issues emerged concerning products such as tires, toothpaste, and pet food. The recall of over 20 million toys made by Mattel generated several reactions. Blame is placed on the Chinese government, manufacturers, and even buyers. ...