Topic 1: Torts and Cyber Torts Throughout this course, many discussion opportuni
ID: 423221 • Letter: T
Question
Topic 1: Torts and Cyber Torts
Throughout this course, many discussion opportunities come up where you need to respond to other people's opinions and comments. Then, respond to your Discussion topic after you have completed your Reading.
The Cardigans through CARDWARE have introduced a new “Let’s Keep Warm” matching clothing line for toddlers and children up to age six and their dolls. The clothing line is unique as the sweaters have charms on them that are suitable for a variety of occasions. For example, there are Valentine’s Day sweaters with various hearts attached to the pockets. Included in this newest production are matching clothes for dolls that have the exact small charms and buttons that the toddler/children line has on them. Kendra, a 4-year old was given a sweater for her and her doll for her birthday. One of the charms, a birthday cake, fell off of one of the pockets of Kendra’s doll’s sweater, as the stitching did not secure the charm in place. Kendra picked it up and put it in her mouth to show her doll that the cake was delicious. Unfortunately, she began to swallow the charm. Luckily, her mother was walking by Kendra’s room where she was playing and saw the toddler choking. She was able to retrieve the small item from her airway. Kendra, however, is now devastated and not only has a cut in her esophagus from the charm, but is distraught and is having nightmares over her or her doll wearing their matching sweaters.
Please look at the following website of the Consumer Product Safety Commission.
Consumer Product Safety Commission . Retrieved fromhttp://www.usa.gov/directory/federal/consumer-product-safety-commission.shtml
Next, determine the following:
1. Would you report the incident to the Consumer Product Safety Commission? Explain.
2. Discuss whether you would sue the manufacturer/CARDWARE based on negligence or strict liability.
3. Identify potential manufacturer defenses. Explain.
Something to Think About: Should there have been a warning placed on the sweater or packaging?
Be sure to respond to the following checklist items:
1. Discuss whether or not strict liability and/or negligence would apply to the scenario.
2. Examine the doctrine you would utilize in a lawsuit against CARDWARE.
3. Discuss the various defenses available under the chosen tort.
4. If you state the law in your response, be sure to cite your source of information.
Explanation / Answer
Q1) would you report the incident?
Ans: Yes. This is on liable of the organization or maker is at risk for any imperfections or damage caused an item they have made. The item has a deformity in outlining which could harm the clients who are youngsters for this situation. At that age kids are probably going to run all that they go over in this way prompting wounds and accordingly they require appropriately composed items.
Q2) I would sue the maker in view of carelessness. The maker has an "obligation of care" to maintain with regards to their item. In this circumstance, CARDWARE did not hold up their "obligation of care", when they didn't play out a due constancy to the focused-on clients, babies and little kids. The carelessness that was conferred on the organization's carry on was that there was no insurance. It depicts a circumstance in which a man demonstration in an indiscreet (or "careless") way, which brings about another person getting injured or property being harmed. The producer did not give out the presumable precautionary measures against any imperfection that may happen and harm clients.
Q3) The manufacturer can safeguard himself in that the imperfection was spontaneous, and it was definitely not an outlining blunder. He could likewise have the focus was not to harm the potential purchaser, and each conceivable care has been taken while planning and assembling the item. It can likewise be the thoughtless utilization of the item or poor taking care of amid conveyance.
Q1) Discuss if strict liability and/or negligence?
Ans: No. It won't have any significant bearing because the buyer was influenced mindful of the state of the item and you to proceed to utilize the item with no safety measure. The producer new that would happen so they caution you against the same as prudent step which you must fare thee well yet because of your remissness you proceed to expect it would not occur. When it happens, the producer will have resistance to the cases you make since he cautioned you previously.
Q2) The regulation of carelessness and risk of physical damage would be connected for this situation against card product. After the producer realized that the item has an imperfection he ought to have searched for conceivable arrangements previously disseminating the item to the client yet rather proceeded to appropriate the item.
Q3) Unavoidable danger Some threats are unavoidable and in this way, can't be abstained from amid assembling phase of the item. Consequently, in this manner, the client needs to take awesome care when taking care of the item to evade the damage or peril.
ignorance - The manufacturer or the client may have been numbness to the items deserts along these lines prompted client issues. This could be utilized to safeguard the claim.