Im studying for my Law class and need an explanation.
Intentional: Purposeful misconduct or intentional wrongs. A person who purposefully invades a protected interest of another under no legal justification or excuse. Ex: Marina was arguing with Anthony and she grabbed Anthony by the arm and yelled at him. Grabbing Anthony by the arm constitutes the assault.Negligence: Is the unintentional failure to live up to the communitys ideal of reasonable care. Ex: Marian was shopping at Walmart. While in the dairy isle she slipped and fell on some milt that had spilled on the floor. The milk came from a cart that had a hole in it. Walmarts failure to clean the spill and remove the carton constitutes the negligence. Strict Liability: Imposes liability on defendants without requiring any proof of lack of due care. Ex: Adrianas dog is a Pit bull named Vinny and hes very aggressive. Adriana left the front door open and Vinny bit Marian. Adriana didnt not intend for Vinny to get out or bite Marian, but Vinny is her dog and she is responsible for him hence the strict liability.The argument of consumer protection had been widely debated. Can a company ever by one hundred percent free from liability? I dont think thats what society is requiring, but when companies put profits ahead of consumer safety there lies the neglect. Companies dont always place warning labels on all the harmful chemicals in their products. Ten years later and after several millions of dollars in profits the company is sued because it knew its product caused cancer and never advised the public or stopped using the chemical in its product. After investigating the company, we find internal emails explaining that a certain chemical in the product can cause cancer, yet the company buries the email along with the findings. There are companies that weigh the cost of recall or replacing a part with the cost of litigation. How much will I loose to place this item versus how much can I potentially loose in a law suit if it ever comes to that. I do think that some of the monetary awards given out have been outrageous, but I cant put a price on someones health especially when that person is the sole provider for a family. Companies can be more transparent in the materials they use. Advise the public of the cause and effect of your product. People will except a company that admits it made a mistake rather than one that lies and gets caught in their lie. The company will probably still get sued but wont look as culpable in the court of public opinion. If they admit to the error and fix it people will still purchase their products.
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