Business Regulation Simulation Business Law/531 Althea Portlock, Danielle Moore, Heather Randall, Nicole Schiffer, June 22, 2012 Jana Allen Introduction Legal Issues Strict Liability- a tort doctrine that makes manufactures etc., of a defective product liable for the damages caused by the defect (irrespective of fault) Product Liability-the liability of manufacturers, sellers, and others for the injuries caused by defective products. Negligence - a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff Regulatory Compliance- The company was cited by EPA for violation of discharge norms. Polycyclic Aromatic Hydrocarbons (PAH) levels were extremely high.
A party must have standing to sue, or a sufficient prove in a matter to justify and seeking relief through the court system. 4. Explain the difference between a question of fact and a question of law. A question of fact deals with what really happened in regard to the dispute being tried-such as whether a party actually burned a flag. A question of law concerns the application or interpretation of the law-such as whether flag-burning is a form of speech protected by the First Amendment to the U.S. Constitution.
Having the same brand name as another product is also one of the things that are against the FDA’s regulations because this could protect the consumer from buying the wrong drug because of the similar names. If the wrong product was bought, it could have caused serious harm to the consumer, depending on the differences of the two
So now breweries cannot manufactures energy drinks with alcohol. According to "Livescience.com" (2014), While many health professionals and lawmakers are cheering the Food and Drug Administration's decision yesterday to declare caffeine an illegal and unsafe additive to manufactured alcoholic beverages, critics say the move is an infringement of consumer rights by the government. When people are speaking out against a decision made by the government, this is the demand. Anheuser-Busch could produce an energy drink with alcohol as long as there was no caffeine in it, and it would be legal and more importantly it would be a blue ocean. According to "Blue Ocean Strategy.com" (2014), "Red oceans refer to the known market space – all the industries in existence today.
It is the failure to exercise reasonable care and skill” (Gibson & Fraser, 2013) A Duty of Care: This is a duty owned by one person who is called “defendant” to another who is called “plaintiff”. Its basis is the relationship between defendant and plaintiff and the foreseeability of damage or loss. Foreseeability is a test for duty of care, answering question whether a reasonable person (in plaintiff’s position) would have predicted that there was a real danger of the probability of injury. “The reasonable person is someone of normal intelligence, credited with such perception of the surrounding circumstances and such knowledge of other
Second, bottled water is harmful for human being and the environment according to the Environment Working Group. Bottled water is costly and wasteful, but this does not stop people around the world and especially those living in developed country to be addicted of bottled water. The typical cost for tap water is $0.0015/gallon while a gallon of bottled water at prices ranging from $0.89 to $8.26 per gallon. The big difference in cost does not encourage me to drink bottle water because Water is a gift from our nature I do not think that the bottled water industry has the right to sell water in a such a high price since the only thing that they do on it is to filter it and put it in plastic bottle. According to EWG, people believe that the taste that taps water has meant that tap water is bad that is why the run to bottles water despite his cost.
Law Chapelton v Barry Urban District Council shows that unsigned exclusion clauses need to be clearly defined to a reasonable person. Another case highlighting the need for exclusions to be clearly informed to the other party is the case of Causer v Browne. As for the case of White v John Warwick & Co Ltd the court held that the company providing defective product is liable for their negligence. If reasonably sufficient notice is given as to the existence of an exemption clause, then it is accepted by the courts that that clause becomes parts of the contract. The case that set this dictum, and which laid our the guidelines for testing the reasonableness and sufficiency of the notice
Business Torts Assignment Tort comes from the Latin term tortus, which means “crooked, dubious, twisted.” Tort is some type of interference with someone or with someone’s property that results in injury to persons or property. Tort is defined as a civil wrong, a breach of duty that resulted in an injury or harm to a person, in this case, the plaintiff (Mae Tom). 5 of the Elements of the tort of negligence Element One – The Duty EXPLANATION: Is the standard allowed to carry out an obligation/ task with a level of care. There is a reasonable level of expectation from any action performed by a reasonable and sane mind. The standard or the level of care to be established will depend on culture, reasonableness, statute and the law as it pertains to the circumstance.
To this end, if the harms associated with bottled water consumption were better communicated to the public, the public would be discouraged from continuing to use bottled water and would turn to an alternative such as tap water. A decrease in consumption of bottled water would result in a decrease in the production of bottled water. A decrease in the consumption and production of bottled water would go a long way towards improving the sustainability of the environment. Our generation has seen a large and growing number of activists that are advocating for changes that would lead to the sustainability of the environment. The Environmental Protection Agency (EPA) defines sustainability as follows: Sustainability creates and maintains the conditions under which
That same foundation has worked tirelessly to successfully ban smoking in all public places including bars, restaurants, workplaces, and even public streets. Their logic is that banning smoking will cleanse the air of impurities that smokers choose to ingest, but should not inflict onto others. The unfortunate truth is that not every business wants to place a ban on smoking. In the early 2000s when smoking bans in bars grew more rigid, the owners and managers of nightlife establishments complained that business took a sharp downward spiral as a result. People could no longer smoke in establishments that served food and customers did not want to come in for drinks, only to step outside whenever they wanted to smoke.