StudentShare solutions
Triangle menu

Cases for Analysis - Coursework Example

Not dowloaded yet

Extract of sample
Cases for Analysis

2. It is understandable why Yellowstone wishes to settle all the claims out of court. A trial would inform public opinion about the low quality of the mowers and would harm the company’s image. It is also understandable why the company’s lawyers keep the claims out of the court. Considering the fact that this is an abnormally dangerous defect, Yellowstone should act ethically and just publicly admit its fault, retrieve all the mowers from the shops and work on repairing them. However, the ones that should go to court and accept no settlement are the injured parties, the consumers who have suffered because of the defected products. 3. Again, it is understandable why Yellowstone would like to include the secrecy clause in the settlement agreements. If one party were to start talking about the defect of the mower and about the fact that the claim was kept out of the court in change for an impressive sum, Yellowstone would be forced to deal with one of the two situations: 1. Their sales would grow, as a result of people looking at this like at a business opportunity: buy one defective mower, wait until it explodes, threaten the manufacturer with a lawsuit and get a refund from Yellowstone, or 2. Their sales would be drastically reduced as a result of the bad publicity. None of the situations looks good so that is why secrecy clauses are included in the settlements. The morality of this is doubtful and the reasons why the affected consumers accept this are even more questionable. Legally, such clauses are not prohibited and are, on one hand, acceptable. However, cumulating the fact that none of the defection cases is made public, the products continue to be sold, in spite of their obvious defects and the insertion of the secrecy clause in the settlements, the situation, on the whole, is not legal and the company’s marketing policy is based on deceiving the clients. 4. As it has been stated before, the answer to this question is No; the injured parties are not acting ethically when agreeing not to disclose the products’ defect to others. They are consciously accepting the fact that somebody else may be injured. Moreover, in legal terms, these people are liable under the law of tort, as acting with recklessness towards the possible hundreds of victims. The Restatement (Second) of Torts defines reckless conduct as it follows: “The actor's conduct is in reckless disregard of the safety of another if he does an act or intentionally fails to do an act which it is his duty to the other to do, knowing or having reason to know of facts which would lead a reasonable [person] to realize, not only that his conduct creates an unreasonable risk of physical harm to another, but also that such risk is substantially greater than that which is necessary to make his conduct negligent.”2 Although this definition is close to negligence, no matter what tort is applicable, all the parties that agreed to the secrecy clause did not act ethically or legally correct. CHAPTER 2 CASE 4 In my opinion, the right guaranteed by the Fourteenth Amendment to the USA Constitution is violated in this case by Mississippi University for Women. Section 1 of the Fourteenth Amendment stipulates: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they ...Show more

Summary

CHAPTER 1 CASE 4 1. No, Yellowstone should stop marketing mowers. It is neither legal, nor ethically correct to continue selling products to people, knowing that they could cause injuries to the users. Under Section 2 of the Restatement (Third) of Torts: Products Liability, this is a design defect…
Author : ngerlach
Cases for Analysis essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the coursework on your topic
"Cases for Analysis"
with a personal 20% discount.
Grab the best paper

Related Essays

Cases Analysis Part 3
This doctrine is based on equity principles, and refers to contracts which include such clauses that “no reasonable person would make them and no fair and honest person would accept them."1 The unconscionable clauses are highly unfair to one party of the contract, while being very much in favor of the other.
5 pages (1250 words) Coursework
SWOT Analysis
There is a programme run by Walmart which is called heritage agriculture, in which, “farms within a day’s drive” are encouraged to grow crops which the farmers of those places had been traditionally growing in the past (Kummer). Through this, the local farming economy is strengthened and the customers get more fresh produce.
1 pages (250 words) Coursework
Financial Analysis and Forecasting
7 pages (1750 words) Coursework
Email Intelligence Analysis
It is for the management of activities, archiving of individual files as well as being used as online communication synchronization (Dondio & Barret 2007). Various email users do not follow the codes of conduct governing them as users something that leads to hacking of other persons passwords to be used as a get through to the email accounts and perform dirty acts like sabotage and many others due to the differences they have with each other (Granot & Sosic 2005).
7 pages (1750 words) Coursework
Annual Rreport Analysis
As a result, the company is made of shareholders who own equity and long term and short-term sources of finance. Depending on the capital structure of the company, its financial leverage is affected and because of this most companies prefer using equity and long term debt in most cases depending on their financial performance.
4 pages (1000 words) Coursework
Two cases write up
The mutual fund investors constitute another group. The last one belongs to the broker dealer and institutional investors who are also the customers of Schwab. However, Leemon has divided 30 million of US investors into three
5 pages (1250 words) Coursework
Critically consider the position of the 'reasonable person' in both the laws of contract and negligence. Uses cases and examples from both areas of laws to illustrate your answer
In simple terms, this connotes what a reasonable person will do in a given set of circumstances. This paper will analyse the concept of the “reasonable person” and how it
8 pages (2000 words) Coursework
Small cases
ements that are needed for Anna to institute a prima facie case of negligence these include proving there was supermarket’s duty of care, breaching that duty, cause in fact, proximate cause and damages. In addition, Anna needs to prove existence of a duty (legal) to exercise
1 pages (250 words) Coursework
Analysis of determinate trusses
Forces can be compressive (Pushes on to the joint) denoted by a positive sign or tensile (pulls on the joint) denoted by a negative sign. It consists of a way of passing an imaginary section through the truss cutting it
8 pages (2000 words) Coursework
Quantitative article analysis
It is because a case study only operates efficiently if sample sets are used to analyse the rate of hypertension amongst adult Indians in 2000. A: The strengths of using the collection method and observation is because
1 pages (250 words) Coursework
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation