Jumpstarter Inc. vs. Bob Hartley Essay

610 Words Jun 12th, 2016 3 Pages
Jumpstarter Inc. vs. Bob Hartley
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Jumpstarter Inc. vs. Bob Hartley Introduction Jumpstater Inc had developed a product, Jumpstarter I, which was a pacemaker intended to regulate the heartbeat of an individual in the body. At the end of the nineties, the company discovered that the device became faulty when the body temperature increased above normal. To reverse the damage, the firm asked the medical facilities that had any unused product to return them to the company for credit. Additionally, Jumpstarter Inc. advised practitioners to remove any device that had already been implanted in the patients. Bob Hartley, a physician that had used the product in some of his patients, had to perform some serious
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Defendant In essence, Jumpstarter Inc may utilize comparative fault defense to seek partial liability in the case. Ideally, contributory negligence in the Jumpstarter case would attempt to have the plaintiff as a contributor to the harm caused. The use of comparative fault defense by Jumpstarter Inc would, therefore, be although the pacemaker failed and the applicant's case may be watertight, the defendant would still win because there was a timely recall of the product. The defendant would use the affirmative defense to agree and sympathize with the harm caused to the plaintiff but still assert that they did their part by recalling the product. Everyone In the case against Jumpstarter Inc., the plaintiff, Bob Hartley, will win. The rationale for this is because the manufacturer violated the law by damaging the confidence of their customers through the provision of faulty products. Recalling a product and fighting a legal case at the same time is not ethical. This action shows that the defendant does not take full responsibility for their negligence and the damage caused by their faulty goods. The best way to show remorse and full liability for the breach of the implied warranty, the contract would be to recall the product and give compensation to the…