the criminal liability of producers‚ distributors and suppliers of unsafe products is covered under Part II of the Consumer Protection Act of 1987‚ which has mandated a general safety requirement. The producer‚ distributor or supplier of unsafe products incur criminal liability for failure to exercise due diligence. The law is strict but the criminal liability can be dispensed with after showing that they exercised due diligence and have reasonable grounds to believe that the products passed the
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difference between consumer protection laws in Malaysia and also the United States where the case took place. This assignment will also discuss the implications of the case and also businesses/consumers responsibility when handling accident prone products. Question 1 Major issues 1. The 180 degrees coffee caused full thickness or third degree burns to Liebeck’s skin. 6 percent of her body suffered the third degree burns and 16 percent suffered lesser. The incident caused her to be hospitalized
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hot coffee. The Nadel’s raised the below claims: a. Breach of a warranty of merchantability and breach of a warranty of fitness for a particular purpose. Both are based on the allegation that the coffee was too hot to consume. b. Product liability for a defective product and a failure to warn of the dangers of handling liquid served as hot as appellee’s coffee c. Negligence both failing to instruct employees how to properly serve hot coffee and for failing to warn business invitees of the danger of
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Legal‚ Political‚ Ethical Dimension - Week 5 Midterm 1. Question : TCO B. After the 2010 fall election‚ the Democratic National Committee (DNC) decides to take matters into its own hands. During the lame duck session‚ they pass a new "Elections Are Free Act" that requires single people who make more than $75‚000/year or married couples who make more than $150‚000/year to provide a copy of their tax return to their local county officials before being allowed to register to vote. The return must
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subsidiary of the US Kellogg Company of Michigan‚ remains the dominant brand in the UK breakfast cereals market‚ with around 40% sales volume in 2000. The Group’s principal activities are to manufacture and market ready-to-eat cereal and convenience food products. PESTLE There are many environmental issues which should be looked at to get the broader picture of Kellogg’s Company. These issues can be grouped into six categories: political‚ economical‚ socio-cultural‚ technological‚ legal and ethical. The
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service provider‚ but in actual practice treated as a slave or servant. Goods are purchased by him along with the label “Items once sold by us will never be received back under any circumstances whatsoever. WHAT ARE DEFECTIVE GOODS??? A product is in a defective condition‚ unreasonably dangerous to the user‚ when it has a propensity or tendency for causing physical harm beyond that which would be contemplated by the ordinary user‚ having ordinary knowledge of the product’s
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by the laws under product liability. Product liability entails that “the liability of manufacturers‚ sellers‚ and others for the injuries caused by defective products (119).” Zoom Car Company showed negligence by not properly assembling the item‚ testing the product‚ and product design. Which makes both companies at risk for strict liability under the doctrine of strict liability in tort‚ Zoom Car Company and Corrigan Rulers‚ responsible for the negligence in a product liability lawsuit. “A seller
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commitment of extending warranty period to 2 years) Repair Understated by 200000; incorrectly capitalized 240000 of costs related to modification to production process Modification is unsuccessful Litigation expense Overstated by 50‚000 (with product liability insurance) Excellent record A/R 40 sample for positive confirmation four non-response => alternative procedures misstatements unintentional (incorrect pricing) overstated 8662 Answer: 1. support c reason: a. under overall performance materiality
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absolute (strict) liability holds a tortfeasor responsible for his or her behavior regardless of fault. Some people feel that it is unfair to hold a defendant accountable especially if he or she did not behave intentionally. “That is why absolute liability is restricted in certain types of activities‚ such as abnormally dangerous task and defectively dangerous products‚ where the risk involved substantially outweighs the benefits” (Okrent‚ 2009). Product liability is any form of liability arising out of
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trade libel. WIRETIME’s advertisement satisfies the three conditions of trade libel as defined by our text (Melvin‚ 2011‚ p.212): 1. Clear and specific reference to the disparaged product. WIRETIME makes defamatory statements about a specific company [BUGusa (BUG)] as well as to the specific product that BUG manufactures (BUG’s electronic recording devices). 2. Disparaging statement made with either knowledge that the statement was false or reckless disregard for the truth. WIRETIME’s
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