Essay Product Liability

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

Food and drug administration is a department of U.S health and human services. It’s responsibility is to test the safety and efficacy of new drugs entering the market as well as to make sure that these medicines are quickly accessible to people. The Food, Drug, and Cosmetic Act has been passed in 1938 to ensure that foods other than meat, poultry and fish are clinically hygienic and safe to eat. This act also requires that the food should be labelled according to its content. (FDA.org) Drugs and tobacco are also regulated by FDA and in 1996, FDA strictly regulated the use of tobacco products like nicotine, cigarettes and smokeless tobacco, by children and adolescents because of the increase in diseases prevalence and tobacco addiction. Annually 40000 deaths are attributable to its use and most of them are of premature. Therefore the goal of FDA is to stop the tobacco addiction by minors and prevent the deaths and diseases due to nicotine addiction. (FDA vs Brown, n.d) This essay will cover the food and drug administration’s role in under and over regulating drugs and medicines and how it effects our economy, health care system and patients health and safety.

1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.

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.

Art and Bill were leaving work one afternoon when they were approached by Charlie, who was

In the case in the text where someone purchased a used safe at an auction for $50, but

Many countries view differently the advertising of harmful products placing personal responsibility on consumers and regulating what consumers are allowed to indulge in. The US highly regulates some forms of harmful products, allow others, and still give some a pass. An example of this, cigarette advertising, it is only allowed on certain media, excluding television and radio, while alcohol is permitted on all media. Young or uninformed consumers usually fall victim to this type of advertising and marketing. The third issue is, Marketing and Advertising Tactics. Companies use all sorts of method to attract consumer from subliminal advertising, to emotional appeals taking advantage of less educated individuals. In 2012 two leading paint companies, Sherwin-Williams Company and PPG Architectural Finishes, Inc., agreed to settle with the FTC regarding charges that they did mislead consumers into believing that some of their paint was free of volatile organic compounds, in other words, harmful chemicals. When a company markets or advertises a product and states that it is free of an ingredient that might be an environmental or health hazard it must not contain or very little (meaning trace), of the ingredient. Another ethical issue example in marketing and advertising tactics, huge drug companies try to influence medical professionals to prescribe their drugs by hosting lavish events and showering doctors with gifts and benefits. Consumers are

3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.

was 35.1 billion dollars. With a product that kills so many of its customers, your only concern in this industry is to increase sales and make a profit. Definitely in the tobacco industry and most others, it is my opinion that you cannot cater to the best interest of both the company and the consumer. Even a good company with the best intentions will eventually come to a crossroad where choosing what is best for one will not have such a great outcome for the other. Their best interests will ultimately conflict, and you will be forced make a choice between the two.

There are two challenges to being able to hold consumers responsible for what they ingest. The first challenge

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.

This paper will be discussing the concept of strict liability along with the concept of absolute liability within the R. v. Sault Ste. Marie (1978). In doing so, this paper will explain how strict liability offences strike a good balance between the policy rationales for absolute liability in regulatory offences and the criminal law principle that only the morally blameworthy may be punished, and how the courts have interpreted absolute liability offence and their relationship with the Charter of Rights.

However our concern here is not only about the cigarette as a product but with the ethics of cigarettes as well, that affect the social process of marketing. This is because marketing process makes things worse and is also considered as unethical, and as a result has a significant negative impact on the societal welfare. Multinational tobacco companies apply sophisticated strategies ( such as putting flavor in the cigarettes and placing cigarettes in the shops near the sweets to make them more appealing) and invest huge amounts of money for marketing, in order to establish brand familiarity and future loyalty among young peoplem, to secure profits in the long run. 'The tobacco epidemic is a man-made international health crisis, created and sustained by multinational tobacco corporations.' (Yach, Brinchmann, Bellet page 2).

The tobacco industry is a very unethical industry, due to the long term effects of tobacco on humans. The industry also does not assess the ethical and social responsibility the best way that it should. There are many factors that make the industry unethical; some of the reasons are the way the cigarette companies around the world Advertise, the way governments and cigarette companies make a huge profit from the sales of cigarettes, and the labeling health risks. I do believe however that there is something that the tobacco companies can do to better their strategy as far as their ethics go. I think that they should, always be looking for the best interest on their consumers, as well as advertise strictly

Does the corporation decision respect the canons of justice or fairness to all parties involved? The answer to this question is no. The fact the tobacco industry in general, has misled the public on the addictive qualities of cigarettes. For years the industry has with held information on the health risk involved with smoking. So the tobacco companies have not been fair to their consumers, especially in the international markets, where the standards are much lower. Are there critical factors that justify the violation of a canon of justice? There are no critical factors that would justify the tobacco industry to mislead and take advantage of the disadvantaged people who live in third world countries. Reject the decision. I do believe adults should have the right to make informed choices about the risks they do or do not want to take. I believe that the manufacturers of products that present health risks have a responsibility to help the government provide the public with the information necessary to make informed choices. Here is where I feel the tobacco industry is wrong. To protect profits, the tobacco industry has misinformed the public on the harmful qualities of smoking. Our government has stepped in to protect us from being taken advantage of. Some of the responsibility of protecting the rights of individuals in these third world countries falls on their government.