Stuffmart's Liability Case Study

Question 1: What were the rights of Walmart, the employer, during these two organizing drives?

Walmart revolutionised the department store structure by drawing consumers away from the classical approach into an urban utopia. Walmart has a high distribution footprint, on average, since 1962 Walmart has acquired 125 stores each year, making them a monumental player in the department store industry. Walmart started as a monopoly occupying the entire market as the original mass commercial outlet. For some time, Walmart was considered a hypercompetitive environment because of new threats flooded the market. Since the competition was direct and fervent, gaining competitive advantage was temporary, until the company introduced five retail divisions and five specialty division. By doing this they deviated themselves

Professor: Dr. Mary Flannery Teaching Assistant: Jia-Yuh Chen ECON 136 – Business Strategy February 27, 2006

Consumers use a variety of products on a daily basis to assist them in accomplishing a task or completing a project and they expect the product to be properly designed and safe to use. However, in the event that a product is defective and causes injury to the person using it, the manufacturer may be liable for the injury and have to compensate the injured person (s). Companies that manufacture products need to be sure they are doing all within their power to assemble products that are free of defects that could accidentally cause harm and cost the company. Product liability is the

This week's question concerns liability and moral responsibility in consumer products. As the question is multi-part, the answer will be likewise. To begin, the first question addresses who should be liable for the voluntary actions of others. Specifically, if substantial information concerning the hazards of a product or service has been offered to the consumer, who is to blame if someone is injured? Similar to most questions derived from this course, the answer is "it depends."

The week one study is about a case that was considered one of the largest lawsuits in United States History. The United States Supreme Court had to come to a decision on a class act lawsuit between 1,000,000 female Wal-Mart employees and their greatly established employer. The discrimination suit mainly focused on the lack of promotions amongst the plaintiffs and the unequal pay received compared to their male colleagues. Unfortunately, in this case, despite the statistics generally exploiting the difference in compensation and advancement amongst the two sexes fell in favor of the retail giant. The decision was made mainly on plaintiffs’ lack of ability to demonstrate the discrimination that each individual encountered while employed with the large retailer. This reflective paper will look further into the court process, the opinions of a Supreme Court Judge, and the jurisdiction of the federal court.

A company is liable for injuries caused by its product if it is shown that the product was defective or harmful. The party, that will be held liable, must have manufactured or sold the product and a causal relationship must exist between the product and harm. 78 A.L.R. 2nd 460 (originally published in 1961). In this case, Ford installed a seatbelt in its Taurus that, according to an expert, was defective and led to the plaintiff’s harm. In Indiana the Indiana Product Liability Act rules, in which a plaintiff must prove that the product arrived in a defective condition that made it unreasonably dangerous. Ind. Ann. Code § 34-20-2-1 (West 2015). Product liability may still apply to the manufacturer even if the manufacturer has used reasonable care or the user was not the one to buy the product. Ford installed seatbelts in the Taurus with the intent of providing a safety mechanism for the Taurus’ buyers. Although Ford used

A company can be held liable if the criminal act committed was within the scope of employment and is beneficial to the firm. Employees are representatives of a firm and their actions within the scope of the firm are received as the actions of the firm. To act within the scope of employment, the employee must have the actual delegated authority to act or engage in a particular act (Lype, 2000). It is assumed an employee who has delegated authority is acting within and representing the firm. The firm can be therefore held liable for any criminal act committed by the

There are several categories under which business entities can be formed. Sole Proprietorship, Partnership (General or Limited), Limited Liability Companies (LLC) and S or C Corporations are the options entrepreneurs have to give legal form to their business. Each has distinctive characteristics on their tax treatment and legal procedures. The decision of what kind of entity form affects the daily operations and investment opportunities for the business, hence the importance of selecting the entity that can better serve the business model and the owners.

A lawsuit was recently filed by families of shooting victims against Wal-Mart Stores Inc. claiming that the retail giant was negligent in selling ammunition to a drunk, underage customer which led to a shooting rampage that resulted in the death of three people in Pennsylvania. The plaintiff’s claim that Wal-Mart staff failed to check if the customer’s age was above 21, as required by law and ignored his inebriated condition as he was clearly under the influence of alcohol and drugs when he walked into the store. Wal-Mart’s legal team has countered that the box of 0.38 caliber bullets could have been used in either a rifle or a gun and since the customer mentioned that he was going to use them in a rifle, for which the

With its rise in success, Walmart was faced with tribulations by media and individuals who accused the company of underpaying employees, dealing unfairly with customers, exploited suppliers, and also contributed to the bankruptcy of small competitors (Morrillo, McNally, & Block, 2015, p. 385). As Walmart dealt with the growing criticism and one action in particularly involved Esther Silver-Parker (former Walmart Senior Vice President for Corporate Affairs). As the senior vice president, she was in charge of transforming diversity from its current state of alienation to an everyday objective by eliminating the company’s negative reputation among women and African-Americans as well as advancing relationships with America’s diversity leaders

Making business need to adapt some legal form so that the business can operate the state legally but it is not easy to know the right title that business need to carry for that reason person mast search all the forms and choose the right one that can progress future benefit. So, there are several legal forms that would need to be adopted for many reasons as a going to build a business, and it is important to know what we need to sell and the size of the operating company. The business must know what to produce and how to produce the product. The company also need finances, marketing sales, and support. Additionally, the business needs to protect itself from government interruption and foreign attackers among the competition. Therefore,

In 2008, Wal-Mart has new senior management team change. The new team is facing the challenge of expansion in China in a sustainable way. This case study

Also, when thinking of the name for your business entity, you want to check to make sure that the name you select is not similar to any name used in the state you are registering it in. In Texas, your business’s name cannot be the same or deceptively similar to either a filing or foreign filing entity, name reservation, or name registration filed with the Texas secretary of state. Furthermore, your business’s name cannot have a name that is similar or deceptively similar to a name that is currently on file with the Texas secretary of state unless that entity consents in writing that you may use a similar name. In order to check if your name conflicts with any filing entity or

Before starting a business, a business owner should ideally take into consideration the various forms of business organizations and their characteristics. In basic terms, forms of business organization differ on a number of fronts including but not limited to personal liability of owners, ease of formation, etc. This text highlights a number of issues in relation to the various forms of business organization.