Ford decided it would be more profitable to produce the Pinto with the defect rather than correct the flaw. When the case was brought to trial in 1978, the court awarded an unprecedented $137 million in damages, more than the normal amount for a negligence case (Satchi 3). The decision to award such an extravagant sum came from a desire on behalf of the court to punish Ford for its actions and to deter other companies from ignoring safety in favour of the bottom line. The decision to award the enormous
Words: 3424 - Pages: 14
Regulation simulation and the seven-step process of Enterprise Risk Management (ERM) dealing with the potential negligence case against Alumina Inc. The tort case involving negligence by Alumina Inc. would be the most obvious tort because of the claim made by the mother of the 10-year-old with leukemia. This would be a negligence case involving a violation of a statute making this a case of negligence. Policies and Procedures Policies and procedures are the guidelines and rules that are adopted by
Words: 306 - Pages: 2
injures another (socially, financially, or bodily) and damages are awarded as a result of litigation. One classification of tort civil wrongfulness is that of Negligence. Negligence as defined by our authors is “a failure to use reasonable care, with harm to another party occurring as a result”. The texts further expounds by saying negligence is characterized “as conduct that falls below the level reasonably necessary to protect others against significant risks of harm.” (Mallor, et al 2010) This
Words: 1282 - Pages: 6
wrongful birth against Loving Homes more effectively than negligence and breach of contract. Pennsylvania declared the bar on the wrongful birth statute, 42 Pa.C.S.A. § 8305 (1988), unconstitutional in 2012. Therefore, wrongful birth can be alleged as a tort in the commonwealth. To allege breach of contract, a contract stating that Loving Homes would screen for cystic fibrosis would need to be found during discovery, and to allege negligence we would need to find that they neglected to screen for CF
Words: 616 - Pages: 3
Tort-an civil wrong that is not a breach of contract Negligence- 1) duty of care 2) breach of duty of care 3) injury 4) cause between injury and breach of duty Product liability- standard of a reasonable person 1) defect In design 2) defect in manufacturing 3) defect in warnings Warranties 1) Merchantability- should last for a certain amount of time or a normal shelf life 2) Fitness for a particular purpose- if it doesn’t work for that purpose, it is a
Words: 366 - Pages: 2
Topic 15: Auditors Liability Auditing, EC – July-Dec 2007 Legal liabilities of auditors Auditors are supposed to perform their work in an honest and careful manner since they can be held liable for negligence in the following ways: a) They don’t carry out their work as required by the ISA b) They fail in the duty of protecting the interest of the various users of the financial statements i.e. any person who relies on his work. c) They don’t carry out their work with due care and skill
Words: 1034 - Pages: 5
LAW 531 WEEK 3 ASSIGNMENTS A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-3-assignments Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LAW 531 Week 3 Assignments Week Three IRAC Brief Case:DePuy Orthopaedics, Inc. v. Waxman. August 3, 2012. In the outlined case, DePuy is trying to sue one of their distributors Joint Venture for breach of a non-compete agreement. Under the non-compete covenant Joint Venture disclaim
Words: 1050 - Pages: 5
Introduction The most basic definition of tort law is a “civil wrong which can be redressed by awarding damages” (Cornell University, 2010). Through the following paper, this basis definition will be used to decide whether two cases, Haimes v. Temple University Hospital and Vandevender v. Sheetz, Inc. were frivolous and whether the outcomes were appropriate. Throughout this paper, eight questions will be applied to determine the merit of the two lawsuits. The eight questions are as follows: 1
Words: 3409 - Pages: 14
4.1 Apply the elements of the tort of negligence and defences in different business situations Tort is described as an action which causes harm to a person. It is also a law that protects an individual from any harm that may be caused by the unreasonable actions of another. Tort of negligence is considered the unintentional tort. Negligent torts are actions that violated the standard duty of care that caused an unexpected or unintended injury to a person. In negligent tort claims, there are four
Words: 874 - Pages: 4
Beverley Kite Flyers Corporation (BKFC) v Ming-Lee 1. Does the BKFC owe a duty to prevent physical injuries of a concussion, a broken arm and serious leg injuries leading to a leg amputation, to Ming-Lee? To establish physical injury, it must be reasonably foreseeable the BKFC’s omission in failing to cancel the event, despite weather warnings and advise from their legal advisor, led to Ming-Lee’s physical injuries. While it is arguable the Japanese kite flyers released their kites, causing them
Words: 925 - Pages: 4
