You work for a highly successful international manufacturer. Your boss is workin
ID: 325543 • Letter: Y
Question
You work for a highly successful international manufacturer. Your boss is working with a group of clients who are located overseas and are not familiar with U.S. Tort Law. Your boss requests that you conduct some research on products liability. You recall from your business classes that businesses that make, sell, or lease goods can be held liable for the physical harm or property damage caused by those goods to consumers, users, or bystanders.
In your report you are to include the following information:
Identify and discuss the four (4) elements of negligence.
Using the internet, research and analyze a case involving a legal case involving product liability.
What defenses were raised or could have been raised?
Provide your opinion on whether you believe it is fair to hold employers responsible for the negligent acts of their employees.
Your paper should be 2-3 pages in length
Explanation / Answer
The four elements of Negligence are mentioned below
1. Duty of Care : In this element we talk about a legal relationship between two parties which they have to maintain during all the time. For example if we are running a business or a shop then it's our responsiblity to make our surrounding safe for our customers.
2. Breach : This element is a further extension for Duty of Care where in either of the party has violated the law & due to that the other party is at a losing end. Eg : If I am running a business & my building colapses due to lack of maintainence whch causes lose of life & money.
3. Causation : It means the effect of breaching the duty of conduct which causes the party to be at the losing end. Eg : If the building had been maintained properly then it probably would have nit colapsed & the accident could have been avoided.
4. Damages : It means the effected person/party has to be compensated for his damages. Eg : In the building collapse someone lost his leg & now to compensate with money for his loss is the fourth element.
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