Denny V Ford Essay

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Tiffin University Denny v. Ford Motor Company MGT623 Legal and Ethical Issues in Management Dr. Scott Basinger Submitted by: Ashley N. Brown 10-07-12 Denny v. Ford Motor Company Nancy Denny believed she was buying a Bronco II, which gave her the ability to switch between two-wheel and four wheel drive. According to the sales manual this feature would be appealing to women due to the vehicles’ ability to drive safer on snow and ice. Nancy Denny bought the vehicle due to the benefits of the four wheel drive and additionally, she had not interest in using the vehicle for off road purposes. It could be said that the information provided in the manual were somewhat misleading, especially for those not…show more content…
Finally, the third reason is a breach of warranty claim. The law implies a warranty by a manufacturer which places its product on the market that the product is reasonably fit for the ordinary purpose for which it was intended. If it is, in fact, defective and not reasonably fit to be used for its intended purpose, the warranty is breached. Ultimately, Nancy Denny won because the court found that defendant had, “breached its implied warranty of merchantability and that the breach was the proximate cause of Nancy Denny's injuries”. Ford may have avoided these liabilities had they marketed the vehicles manual towards off road only, or had they proved product safety was “reasonable” to drive in ordinary circumstances. Judge Simons dissented on the case stating he felt consumer expectation had no place in personal injury litigation. His reasoning seemed to place absolute burden on a manufacturer in all cases. His reasoning’s stated “ordinary uses” and “intended and reasonably foreseeable” implied warranties. If this were the case it would be hard to determine the definition of “defective” and “reasonable” to provide a decision in other cases. Any other decisions that would arise in similar cases would ultimately place the burden on the manufacturer to prove there was no defectiveness and the product could be used in any sort of circumstances. The

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