Acme Electronics Case

3603 WordsMay 1, 201215 Pages
Acme Electronics Case Date: March 6, 2012 To: Jetson, on behalf of Acme Electronics From: Team 4 Consulting Firm Re: Legal and statistical evaluation of problems facing Acme Per your request, we have assembled a report with a legal and statistical evaluation of the problems facing Acme. If you have any questions, feel free to contact us at any time. Group 4: Acme Electronics Case Executive Summary This report is dealing with the case of ACME Electronics vs. Otto Gunter. Gunter purchased a computer from ACME Electronics in 2002. In 2004, the hard drive crashed and he brought it in to ACME Electronics to have it replaced, as well…show more content…
Breach of Duty: Acme breached the duty of care because if we weigh the facts there is more cost to Gunter than the cost of Acme preventing harm to Gunter by adding a tag to Gunter’ s computer identifying it as the owner. The identification tag would cost very little when comparing the harm caused to Gunter. In one of his letters, Fontz mentioned that he had “experienced a high volume of replacements” and he was unable to keep track of the defective parts. Calculating the risk from both sides (defendant and plaintiff) we could conclude that Acme could prevent mixing up the hard drives by identifying them at a very low cost, and Gunter would not face the consequences of loosing the hard drive. Therefore, Acme breached the duty of care. Negligence Per Se: According to the Business Law book by Mallor, courts use statutes to determinate how a reasonable person would behave. Under the Negligence Per Se, “the defendant violation of such laws can create the breach of duty and can allow the plaintiff to win the case”. Acme breached the duty by failing to return Gunter’s original hard drive causing harm to Gunter. Actual Cause: In actual cause, Gunter must connect his loss suffered by Acme’s actions. Gunter has to provide the proof necessary to conclude Acme’s negligence. Since there is no hard drive, Gunter is not able to prove it. However, he can argue that because Acme lost his hard drive he is not able to
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