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Law 531 Erm Paper

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Submitted By WYlieMcGuire
Words 1856
Pages 8
ERM Paper
Atul Govande, Kyle Cashulin, K.Yamada-Yuge, Miguel Montano
LAW 531
April 2, 2012
JAMES EISENMAN

ERM Paper
Our Team selected option-2 part of the assignment. We watched the Product reliability video. During the video presentation, Quick Take Video, a video editing company, purchased the video editing software from Non-Linear Pro. They purchased this software hoping to reduce their existing video editing time. They selected this software because the sales person from the Non-Linear Pro Company assured Quick Take Video that the software would accomplish their needs to cut the video editing production times in half. The day software was delivered to the company, employee Janet and her associate quickly started working on it. After completing the training and going through the manuals, they were unable to make the software perform as assured by the Non-Linear Pro. They were unable to get the software functioning more than five minutes because of software crashes and lock-ups. Their supervisor questioned their findings about the software. Janet and her associate explained to the supervisor that the entire company took one day training and read the manual but still could not get software working. No-Linear Pro suggested that product training will help the software to be up and running in a day and will be twice as fast reducing the production time in half. To make thing worse Janet cut her finger on a sharp flange from the CD drive. The packaging was very poor and there were no warning labels on the CD drive. On evaluating this scenario Non-Linear Pro is in multiple tort violations. Here is the list of torts- 1. Tort of negligence for not having a warning label of the likely harm because of unsafe packaging. 2. Tort of misrepresentation because the software did not perform as promised. 3. Breach of contract that was

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