... Describe the company and the major initiatives they have planned for the next 5 years. The Samsung Group (Samsung) is a South Korean international conglomerate that makes all types of electronic products under the Samsung brand. Samsung is said to make exports that consist of fifth of all exports made by Korean companies, and its revenues alone would make Samsung the world’s 35th largest economy. Americans know Samsung for producing products like television, washer and dryer, smart phone, camcorder, printer, and DVD among many Samsung products. Samsung like other major companies has what is called Green Initiatives. Samsung aims to become one of the most eco-friendly companies in the world by year 2013. To reach such lofty goal, Samsung wants to “reduce greenhouse emissions, offer more eco-friendly products, build eco-management partnerships around the world, and invest in eco-friendly R&D design facilities.” (“Samsung in $4.2 bln ‘green’ initiative”, 2009) More specifically, Samsung says it will spend $4.3 billion to go green by cutting air pollutant emissions by 50% by 2013 from 2008 levels and promised to develop energy-efficient products that use less operating and standby power to operate. In addition, Samsung wants to boost making its products using recyclable and eco-friendly materials. (Samsung to go Green, 2011) By taking such drastic measures to improve its image as eco-friendly, Samsung is following the footsteps of many other well known companies...
Words: 1822 - Pages: 8
...Torts and Warranties James.Oliver78 AIU Online Abstract This is an essay about a story of the four wrongs, and the invasion of privacy. It is about a Harvard Law Review article and what the newspapers in 1890 had to do with it. The differences and similarities of the four wrongs which make-up the invasion of privacy principle, and then on towards the world of warranties and what they mean. How warranties affect our lives in today’s society and a brief description of what the buying customer can expect from a warranty. The essay ends with what defective products do to business and the legal system. How a defective product is defined legally, and how it affects profits of a business. Last but not least, a comment about the buying public, the business, brand name, and the lawyers that make-up a business in today’s world. Invasion of Privacy There exists a story involving invasion of privacy and it dates back to the 1800s, in Boston, Massachusetts. The story starts with a young married couple by the name of; Mr. and Mrs. Samuel D. Warren. Mr. Samuel D. Warren was a young lawyer who inherited a paper manufacturing business. At the time, he was partners in a prestigious law firm with his Harvard classmate, Mr. Louis D. Brandeis. There came a time when, Mr. S. D. Warren decided he would have to devote more time and energy to his paper manufacturing business and less time with his practice of law. Mrs. Samuel D. Warren was a pillar in elite high society...
Words: 1674 - Pages: 7
...Robert Powers American Intercontinental University Online BUSN310-1102B-10 International Legal and Ethical Issues in Business June 11, 2011 Renee Clark Abstract In this review of a PriOption Oil’s product defect, the reader will experience firsthand the nuances of having to brief the in house team consisting of the PriOption Oil CEO and directors on the improper fuel that was distributed to multiple states and several hundred stations. Many positives can come from this experience, the company learns the hurdles as well as puts into place a plan of action to remedy the situation as well as avert future occurrences. The company also learns the value of ethical choices and puts into place a written document outlining their Code of Ethics for all. Consumers are notified as well as U.S. and state officials to enable a cleansing remedy. What is PriOption Oil Selling As the Operations Chief of PriOption Oil it has become a concern that our oil & gasoline refining processes have exceeded government ethanol percentage ratings. After careful sampling it was discovered that 5 out of our 14 sites have had a ratio of ethanol to gas mixture problem for a month and they have distributed these excessive products to 10 states, comprised of 500 distribution stations. The problem has been remedied and all production levels have returned to proper ratios at this point. A remedy additive has been bottled and made ready for distribution to our customers...
Words: 1135 - Pages: 5
...1.0 Parties Responsible for a Defective Product after being sold. Anyone linked to the distribution of a product can be perceived as the responsible party. This includes manufacturers, wholesalers, retail outlets, and even someone in charge of assembling or installing the product. For strict liability to apply, the exchange of a product must occur somewhere in the professional supply chain. For example, someone who sells a product on the secondary market (e.g., garage sale) cannot be held accountable for product liability. 2.0 Defendants in Product Liability Cases Generally, the claimant in a product liability case should identify all parties in the product's chain of distribution that may have caused their injuries. The following outlines the parties involved in the chain of distribution that may be liable for a defective or faulty product. In some cases, there may be more than one potential defendant in each category. 2.1 Manufacturer (engineer) Manufacturing takes place at the beginning of a product's chain of distribution. The manufacturer of a faulty product may range from a large, multinational corporation to a person working out of a garage. When a defective product is part of a larger item, the injured consumer may have a claim against both the manufacturer of the faulty part and the maker of the product itself. For instance, if a consumer was injured in a motor vehicle containing an exploding battery, they could potentially file a claim against the automaker...
Words: 561 - Pages: 3
...2012). The case against Ford was based on "two product liability claims: one for not testing the seat belt and the other a design defect claim related to the vehicles tendency to rollover" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). Branham alleged in his case that "Ford was negligent and strictly liable in failing to effectively test the sleeve" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). However, the trial court "dismissed the strict liability claim on the grounds that the seatbelt sleeve was not a as a matter of law in a defective condition unreasonably dangerous to the user at the time of manufacture" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). This meant that Ford could be held accountable for any injuries sustained to the buyer, but did not stipulate that the person injured had to prove that the manufacturer was negligent. 2) It is often said that product liability causes of action, especially negligence and strict liability, are coming together or merging. Discuss this idea in light of the South Carolina Supreme Court's decision. In product liability causes of action, it is apparent that negligence and strict liability are coming together. In light of the South Carolina Supreme Court's decision, both negligence and strict liability had common elements and Ford argued that since the trial court dismissed the strict liability claim, its companion "negligence must fail, since all products liability actions are similar (Reed, Pagnattaro,...
Words: 860 - Pages: 4
...trip. We know that by doing so we turn customers into advocates for whole foods. We guarantee our customers 100% product satisfaction or their money will be refunded. They believe: • Customers are the lifeblood of their business and they are interdependent on each other. • Customers are the primary motivation for their work — they are not an interruption of our work. • Customers are people who bring them their wants and desires and their primary objective is to satisfy them as best they can — they are not people to argue or match wits with. • Customers are fellow human beings with feelings and emotions like their own; they are equals to be treated with courtesy and respect at all times.” Answer 2: “Competition” is the main business risk that whole foods face that may threaten its ability to satisfy stockholder expectations. The main competitor of Whole Foods Market is Johnson & Johnson. Some of the other risks are as follows: • Their growth is partially dependent on new store openings and acquisitions • They may experience significant fluctuations in our quarterly operating results and comparable store sales. • Increased competition may have an adverse effect on their profitability. • Their business may be sensitive to economic conditions that impact consumer spending. • They may be subject to product liability claims if people are harmed by the products they sell. • The loss of key management could negatively affect their business. •...
Words: 638 - Pages: 3
...Week 5 -Six Assessed Questions 1. Facts: An English professor puts a comment on a student’s composition which says, “Can’t you write at all? You are writing at a third grade level and will never be able to graduate from this university!” The student is extremely upset and sues the professor for intentional infliction of emotional distress. Issue: Is the English Professor guilty of intentional inflicting emotional distress on the student? Rule: Emotional Distress is a negative emotional reaction. It could be fear, anger, or anxiety caused by another person. Application: The English Professor did write some very ugly comments on the student's paper, but it would be very hard for the student to prove this caused Emotional Distress in court. Also, Emotional Distress is usually used as a defense, not as a way to sue. Had the student been sexually harassed or something of that nature the student would have a much better case. Also, most states do not even consider Emotional Distress in court. Conclusion: The student would not win. At the most the college may terminated the professor. 2. Facts: Dorothy Yu, an employee of Northwest Pipeline Corporation, was found to have in her possession a confidential personnel document that she was not authorized to possess. She admitted possession and identified Enser, who worked in the records department, as the source of the document. Both Yu and Enser were terminated for violating Northwest's confidentiality policy...
Words: 1268 - Pages: 6
...attempts of taking action against manufacturers in regards to liability in negligence was challenging especially for the consumer as all rights were reserved to the customer or purchaser of products. This predicament sparked an increase of attentiveness toward product liability and lead to the implementation of the ‘Directive on Product Liability 1985’ and crucial alterations were made to UK consumer law. ‘Strict liability’ was imposed on the part of manufacturers. This gave rise to additional liability for manufacturers created through CPA in the event that a defect in a product causes damage(s); injury or loss. This is shown in Part 1 of the CPA where the system of strict liability is introduced for defective products to which cause harm. The key liability requirements under CPA and the European directive is that (i) claimant has suffered damages, (ii) product in question is defective and (iii) harm must be caused by a defect in the product providing that these requirements are met proof of negligence is not applicable on part of the claimant and the producer or manufacturer of the product is in every respect liable for any form of harm caused. Defences that can be used against claims under CPA include; ‘development risk’, ‘contributory negligence’, ‘Volenti non fit injuria’ and ‘Ex turpi causa’. The impracticalities of CPA are that a defected product must have caused harm as a requirement for a claim. If a product is defective in terms of not fulfilling its expected use...
Words: 428 - Pages: 2
...Running Head: Products Liability Assignment 4: Products Liability Name Law and Ethics in the Business Environment Professor February 17, 2013 Products Liability Johnson & Johnson Johnson & Johnson started out making surgical dressing for hospitals and then that progressed into what Johnson & Johnson is best known for is the Band-Aid brand band aid. They added tape to the dressing and the product was convenient for hospitals as well as mending cuts and scrapes that people get, targeting kids because they are accident prone. In later years Johnson & Johnson explored other opportunities mainly in the over-the-counter medicinal products. Over the years they have been subject to many lawsuits but the one this paper will focus on is the product liability lawsuit on the DePuy ASR hip implant. DePuy is a company that specializes in orthopedic products and was acquired by Johnson & Johnson in 1998. The metal on metal hip replacement DePuy ASR was approved by the FDA for use by surgeons on patients that were in need of a hip replacement in 2005. (Meier, 2010). The DePuy ASR hip replacement should have a life of at least 10 years. The device was being used on patients, soon after the DePuy dividion of Johnson & Johnson started receiving complaints of the device with the largest spike of complaints in 2009. (Meier, 2010). Many of the complaints resulted in the patient having to receive another hip replacement only a few years...
Words: 1869 - Pages: 8
...they can cause serious harm to those in the area. Therefore, with a tiger being a wild animal, especially a wild animal kept in a separate building than the main house (believes me to think it is dangerous to the owners as well), Jean is strictly liable for any harm, including bites, that Louis causes. If strict liability is not available, Mary must show evidence of Jean having the animals and proof of her injuries. She would be showing negligence of caring for the animals. Having such animals that are harming people is negligent or lack of due care to others and the community. Question 2 The pitfall that Caffeine would endear if exercising too much control is product liability and may be held liable under the doctrine respondeat superior for the acts of the franchisees’ employees. Too much control would be telling the franchisee where the business should be located and to hire, or how to run the day-to-day operations. Day-to-day operations are usually left up to the franchisee to decide, unless otherwise specified in the contract. Generally, the franchisor will provide some supervision and control to protect the name and reputation, such as food and products being the same. Caffeine is a chain-style business operation. This is important because under this business style franchises are...
Words: 637 - Pages: 3
...entertainment and shopping complex. The company has recently encountered problems in their stores. You as their legal advisor, have been consulted on a range of issues. Draft a report to the board of directors explaining the law in each of the following situations and advise accordingly. Your Report should make reference to legal authority. -------------------------------------------------------------------------------------------------------- Discuss the following: Chuck bought a new heater from City Mall Plc to heat his son’s bedroom. The heater was manufactured by Careless Plc. The heater wiring was defective and the defect caused a fire at chuck’s home, in the course of which, Chuck’s son was injured. Advise City Mall of their potential liability as well as that of Careless Plc. -------------------------------------------------------------------------------------------------------- Kris, a salesman from City Mall, called on Dolly. She invited him into her house to enquire about the latest designer bathroom suite. After several cups of tea Kris showed no signs of leaving the premises and, in order to get rid of him, Dolly signed an agreement for a new bathroom suite for £1500. In addition to this, Tammy, her daughter, who is 21 years of age, returned from City Mall stating that she had signed a credit sell agreement for a new TV and Blu Ray DVD Recorder for her...
Words: 6206 - Pages: 25
...homework-bank.com/downloads/leg-100-final-exam-solution/ LEG 100 Final Exam Solution • Question 1 A statute of ________ prevents recovery for product injuries by limiting the time period for recovery from the date when the injury occurred. • Question 2 In Ramirez v. Plough, Inc., the case in the text involving the provision of warnings for non-English-speaking Hispanics, the California Supreme Court held that a manufacturer of nonprescription drugs has a duty to warn purchasers about the dangers of its products in ______. • Question 3 Which of the following members of the chain of distribution cannot be strictly liable in a products lawsuit? • Question 4 Sam wants to sue a book publisher based on strict product liability in tort because he became ill after eating food he prepared based on a book containing information regarding herbs that were safe for consumption. Which of the following is the publisher’s best defense? • Question 5 On a failure to warn claim, adequate warnings and instructions for a product’s safe use can shield a manufacturer from liability for a • Question 6 Under the doctrine of _________, when a person voluntarily and unreasonably assumes the risk of a known danger, the manufacturer is not liable for any resulting injury. • Question 7 In regard to successor liability, courts applying the ______ look for constancy between the buyer and seller to determine whether the successor company is essentially a mere continuation...
Words: 1508 - Pages: 7
...of the costs of product recalls consists of two methods. The first is the accrual of “small campaigns” that are subject to a threshold of $100,000 (total campaign costs per product). Small campaigns are estimated and recorded together with the warranty reserve at the time of sale, since all payments related to such campaigns are expected to fall within the warranty period. The second is the accrual of “major campaigns” when announcement of the recall campaign is made. A major campaign involves consideration of numerous variables (for example, the number of defect occurrences, public safety issues, public relations concerns, evaluation of potential litigation, and so forth) and requires management approval prior to being announced. As part of a review of its accounting policies, Frequent Fixer began an internal evaluation of its product recall costs and its ability to reliably estimate and record product recall costs at the time of sale. The following summarizes the costs of announced product recall campaigns by Frequent Fixer in recent years: 1995 $ 8,000,000 1996 $ 11,500,000 1997 $ 15,500,000 1998 $ 20,000,000 1999 $ 32,000,000 2000 $ 50,000,000 From the data above, Frequent Fixer identified that the frequency and size of product recall campaigns, either voluntarily or mandated by industry regulators, have increased significantly in recent years. Frequent Fixer believes that the increased frequency and costs of product recall campaigns...
Words: 436 - Pages: 2
...Legal Focus Kudler Fine Foods is a specialty food store created by Kathy Kudler (Apollo Group Inc., 2013). After reviewing Kudler Fine Foods’ information, it has been determined that their legal procedures are severely lacking in preparation for legal action. The thought process behind the current legal plan is to be reactive which only helps after an issue has occurred. The information systems team is formulating a plan to update policies and procedures as well as best practices to be both proactive and reactive when it comes to possible litigation against Kudler Fine Foods. Current Legal Plan As it stands, Kathy Kudler is the only person who is to talk to Kudler Fine Foods’ legal counsel, Anne Shousha. Shousha’s view on going to court is that it is like throwing dice, therefore she recommends settlements instead (Apollo Group Inc., 2013). There is a chain of events to follow within the stores for regular incidents that occur such as slips and falls. This chain begins with employees notifying store managers of the incident. At that point, the store manager determines whether or not Kathy Kudler should be notified of the event. Following Kathy’s notification, she determines whether or not the store’s legal counsel should be notified (Apollo Group Inc., 2013). Based on the current system, the legal counsel would then recommend to Kathy that she settles with the customer rather than go to court. This approach is a very poor way of protecting a business. The goal for Kudler...
Words: 1126 - Pages: 5
...Quaid vs. Baxter Healthcare Corporation Brief Fact Summary Plaintiffs, Dennis and Kimberly Quaid parents and next friends of Zoe Grace and Thomas Boone Quaid, brought an action in the circuit court of Cook County against defendant, Baxter Healthcare Corporation alleging negligence and strict liability for administering an almost fatal dose of Heparin instead of the prescribed dose of Hep-Lock to the infant twins Zoe and Thomas Quaid after hospitalization for a staph infection. Plaintiffs appealed. Synopsis Rule of Law Strict Liability was pursued due to the fact of similar packaging of medication which was mistakenly administered to the Plaintiffs. Strict Liability, also known as absolute liability is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent. In this case, defectively labeled products were dispensed incorrectly and could have caused fa Negligence was also charged because it was an oversight not only by the person who had administered the medication, but also the Corporation that distributed the vials to this facility, because the medications were extremely similar in shape and labeling but were two very...
Words: 771 - Pages: 4
