Product Liability Essay

Duty of care is a requirement to exercise a reasonable degree of attention and caution to avoid negligence which would lead others to harm. You need to be aware of the surrounds at all time and check if there are any hazards which could be harmful.

Duty of Care: best interest; defensible decision making; contextualising behaviour; identification of positive and negative risks

For example, a consumer has the right to expect a product which is safe to use in the manner instructed by the manufacturer. In turn, that manufacturer has a responsibility to create a product which is safe if used in the manner specified. If any dangers are present, they need to be displayed on the product or its packaging. As a consumer, if I already know what I’m getting myself into, then whatever the result in the end is was from my own doing, it was my decision to make and no one else’s, and I have no

Duty of care is a requirement to exercise reasonable care, attention and caution to avoid negligence which would lead to the harm of other people.

Having established the purpose of strict liability, it is evident as to why it can be seen as a controversial area in law making and this essay will outline some of the arguments for and against it that are commonly put forward on the effective enforcement of the law and the maintenance of standards.

There are two defences to an action in negligence: contributory negligence and voluntary assumption of risk. (FoBL, 2005, p83) This case only involves contributory negligence.

A duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeable harm others. A definition from Wikipedia

The case study selected for week three centers on a liability and assumption of risk case study. In this case study, Brent Thomas and George Banks are facing liability charges after Ricky Watts sustained a serious injury during hockey practice (Essex, 2016). In this situation, Thomas is the school principal, and Banks is the hockey coach as well as the gym teacher (Essex, 2016). Ricky obtained injuries after improperly blocking the puck (Essex, 2016). This case study was selected because it highlights a situation that will likely be faced by all future school leaders. Sports are popular among students, and there is inherent risk in each sporting event. A school is open to liability if they do not ensure that proper protocols are met.

| |Duty of care can be defined as "an obligation, recognised by law, to avoid conduct fraught with unreasonable risk of danger |

In this essay, I will argue that Ford Motor Company’s business behavior was unethical as demonstrated in the Ford Pinto Case. Ford did not reveal all the facts to consumers about a harmful gas tank design in the Ford Pinto. They tried to justify their decision to sell an unsafe car by using a Cost-Benefit Analysis which determined it was cheaper to sell the cars without changing to a safer gas tank. The price of not fixing the gas tanks is human injuries and fatalities. By choosing not to make the Pinto a safer vehicle Ford placed a price on the head of every consumer. Ford’s primary concern was to maximize profits. Ford had a duty and ethical responsibility to customers to

I’ll consider this issue in the case study of underage drinking. The under 18s add demand to the market for alcohol; they seek to acquire what others seek to supply. They seek to fulfill what they believe to be a sensible appetite having exercised care, skill and judgement in terms of the type, quantity and price of alcohol they require. They believe their objective to be reasonable and rational. Therefore they contribute to the efficient operation of the market.  The U18s are seeking to satisfy their present appetite whilst paying less regard to the externalities of this preference; this is rational and reasonable in their view. They can afford to do so and probably exclude themselves from the risks of such consumption. Similarly the action of the supplier is both rational and reasonable in their eyes expanding their market and excluding themselves from any responsibility for the customers’ subsequent behaviour.

Contingent Liability is a condition that refers to the possibility of a future event happening and addresses the responsibility of the party liable should the event take place. In today’s real estate market both sellers and buyers may have contingencies stated in the terms and conditions for selling and purchasing a home. The most common contingent liability are guarantees to debt.

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.

The main idea of the law of negligence is to ensure that people exercise reasonable care when they act by measuring the potential harm that may foreseeably cause harm to other people. Negligence is the principal trigger for liability to ascend in matters that deal with the loss of property of personal injury. Therefore, a person cannot be liable for something unless they have been found negligent or have contributed to the loss of property or injury to the plaintiff (Stuhmcke, 2005). There is more to

Q #2 Stakeholder analysis, specifying to the extent or degree stakeholders should be held responsible for the accident.