Assessment Assignment Sample

Introduction Of The Assessment Sample

Assessment Element 010/1

“A business is sued for negligence in the manufacture of a product. There is no way to

resolve this dispute without recourse to the Courts. Discuss”

Things that address the statement

• Definition of the business sue
• Reasons for business sue
• Types of business sue and their remedy

Structure of the essay

• Introduction
• Analysis
• Conclusion

Business use is considered as a complaint made by an individual against an offence made by the business. This can also be considered as a formal appeal to the court in terms of asking for compensation regarding the loss that has been borne by an individual due to any organization or individual (Cavico et al. 2018). It is also considered to start legal proceedings and the civil court against someone or any business. In this context, the above statement demonstrates that an individual has suffered such a loss due to improper manufacturing of the product by a business that cannot be recovered due to which he needs to take legal action for the repairing of the loss. This statement and its related factors are going to be discussed in this part of the essay.

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Analysis

There are several reasons for use of the business such as the suppliers are consumers who can believe that the company has reached a contract. Financial loss caused by the business can also be one of the major reasons to sue the business (Businessnewsdaily.com, 2022). However, if any organization has been identified with infringement upon the intellectual property of an individual, it will also lead towards the Sue of business. For the enforcement of terms of the contract and lack of protection of the property and also be the reasons for business sue. In this context, there are several remedies for different kinds of business Sue such as if the damage has been observed to be considered a huge loss that cannot be repaired and caused the death of an individual it can lead towards punitive damage. In this situation, they provided for the harming of the individual. This can also include physical harm and unlawful taking of someone's property. However, another kind of damage is there which is liquidated Damage. This can refer to the damage that has been caused to an individual due to the failure of a contract. In this context, a large amount of money is the solution provided by the judgment of the court (Lawshelf.com, 2022). According to the provided statement, it says the business is sued for negligence in the manufacture of a product. In this context, the defect was in the product manufacturer which can cause some health issues as well as financial issues. In this situation, punitive damage can be considered. This can lead towards providing punishment to the business (Saylordotorg.github.io, 2022).

Conclusion

Based on the discussions made in the section above it can be demonstrated that the issue was associated with the manufacturing of a product. In this context, the manufacturing of the product can include health issues or physical issues that cannot be recovered due to which the individual has made the decision to sue the business. In this context, punitive damage can be considered for this situation followed by punishing the business.

References

Businessnewsdaily.com, (2022), You’re Being Sued: A Guide to Handling a Business Lawsuit, available at: https://www.businessnewsdaily.com/8724-small-business-lawsuit-tips.html [Accessed on: 17.10.22]

Cavico, F.J., Mujtaba, B.G., Muffler, S., Samuel, M. and Polito, N.M., 2018. Manufacturer, supermarket, and grocer liability for contaminated food and beverages due to negligence, warranty, and liability laws. Economy, 5(1), pp.17-39.

Lawshelf.com, (2022), Business Tort Litigation, available at: https://lawshelf.com/shortvideoscontentview/product-liability-law-liability-for-manufacturing-defects-that-cause-injuries/ [Accessed on: 17.10.22]

Saylordotorg.github.io, (2022), 16.3 Legal Remedies: Damages, available at: https://saylordotorg.github.io/text_legal-aspects-of-marketing-and-sales/s19-03-legal-remedies-damages.html [Accessed on: 17.10.22]

Assessment Element 010/2

Question 1:

The sued of a business is associated with taking legal action against the organization by asking in court for them to pay money due to the harm that has been caused by the individual. In this context, the above-mentioned statement demonstrates that negligence has been faced by the consumers of a business in manufacturing a product due to which the individual has to suffer a loss that may be a health issue/ finance issue or any other issue which is not recoverable (Mass.gov, 2022). In this context, the individual has decided to sue for negligence in manufacturing the product. According to the responsibility of the business, it is mandatory to manufacture research products that can meet the needs and requirements of the consumer and can be useful for providing benefits to the consumers. However if any individual has suffered from loss, they can opt for asking justice in the court regarding the loss. This can be useful for the individual in terms of getting compensation for the loss.

Sue of the business is legal as it is based upon taking legal action against the individual for compensation for the harm that has been caused to an individual. In this context, there are different laws related to the sued of business (Battafulkerson.com, 2022). There are different conditions where consumers can ask to sue the business. This has been illustrated as the type of damage can include compensatory, incidental, nominal, consequential, liquidated and punitive.

Compensatory damages are those damages that can be compensated by the business with the help of money. This can be in the form of money where the business can pay some money to the individual who has suffered the loss. However, the lost volume can be creating problems in calculating the damages (Mao et al. 2022). This problem can arise when he is not reaching a party that supplies their services and enters a second contract when the buyer repudiates.

Incidental damage is the second damage that can include the expenditure of the non-breaching party in attempting to minimize the loss and flows from the breach. To arrange for the substitute services the business has to pay a premiere or special fee to locate another supplier or source of work.

Nominal damage is another kind of breach that has been associated with suffering no loss and cannot prove what the person has lost (MuhammadRusdi and Santiago, 2020). In this context, it can be understood by taking the example of Mr. X who was supposed to purchase a car from a dealer but the dealer breaches the contract. Now Mr. X bought the same car from another dealer at the same price that the first one was to sell for. Here Mr. X has suffered nominal damage.

Punitive damage is another kind of damage in which the wire has suffered a great loss that cannot be compensated with money. In this regard, punishment is provided to the business for the damage that has been caused by the product (Salminen, 2019). This damage comes into play when a party has been observed to be suffering from legal damage that cannot be repaired. This has been illustrated as punitive damage includes the physical damage or health damage of an individual.

Liquidated Damage is another kind of damage in which the non-breaching party has the food such a loss that cannot be assessed. In this situation, the parties must specify how much should be paid in the event of a breach. The courts can enforce the liquidated damage provision as long as the actual amount of damage is difficult to access. However, if the liquidator can have a large it can exceed the term penalty and be set to be against public policy (Cavico et al. 2018). This damage can also be observed to be considered whenever a legal contract has been considered as an estimation of intangible or hard-to-define losses to one of the parties. In this situation, the provision can allow for the payment of a specified sum to the party who has suffered with breach of contract.

Consequential damage

Consequential loss is considered when damage has been incurred by a non-breaching party without action on their part of the breach. This can be understood by taking the example of Mr. Y, who does a poor job of fixing a manufacturer's machine on time. In this context due to defective machines, he cannot be able to repair the defective machine which will be considered consequential damage where it is not the element of damage. In this context, it will not be allowed if the damage is not foreseeable. This Kind of damage that the individual has to compensate for the loss that has been observed to be associated with the breaching party (Moitra, 2020). This can be understood by taking the above-mentioned example where the manufactured machine can be recovered with the help of taking some new machines followed by making the defect correct.

By visualizing the above discussions it can be said that the statement says unrecovered loss faced by the buyer. This has been illustrated as the buyer has suffered from a severe lost that cannot be compensated due to the manufacturing defect. In this regard, he has asked for justice by complaining about the business in the court so that it can be disputed correctly. In this situation, punitive damage can be considered as the dispute for this loss. This has been illustrated as positive damage is based upon compensating the loss by punishing the business due to such damage that cannot be recovered.

Question 2

According to the scenario given in point number A, a breach of contract can be considered. This has been illustrated as there was an advertisement for a Samsung galaxy smartphone with some specifications. In this context, it was also mentioned to call Peter by giving a phone number of the better so that the order can be made. However, after Arthur called Peter in response to the advertisement, he came to know that the mobile phone was no more left. In this context, this is a type of contract breach which has been made by Peter as he should not have made an advertisement regarding the mobile phone if it was not available for the people who can call him. In this context, there is a remedy which is known as consequential damage. This remedy comes into play whenever the individual or a breaching party is not able to fulfil the requirement due to unavailability (Goldberg, 2018). Consequential damage also demonstrates the decision-making of individuals after any legal action. In this type of remedy, the liability of the customer is associated with a loss of goodwill. In this regard, Peter will be provided with a chance to get the smartphone back in stock followed by informing Arthur so that he can make a purchase. This decision has been made as Peter was advertised about the phone, however, if the product is out of stock, the buyer may not be able to take legal action against Peter. In this situation, Peter is not legally bound to fulfil the order. However, Arthur can ask for notification whenever the product can be back in stock. This will help Arthur to get the product as per his requirement and need. It will also help Peter in terms of considering the situation and providing the product to Arthur. This has been illustrated as Peter will provide notification by making a phone call to Arthur regarding the availability of the product.

According to this situation, it can be demonstrated that it is incidental damage. This has been illustrated as Stella demonstrated to offer the wireless Bluetooth microphone for £35. In this situation, she also said that she would wait till Wednesday and if she does not hear anything from Arthur, she would consider the microphone as her own and will come to pay for the product and collect it on Thursday. In this regard, Stella has already mentioned the requirement for selling as she would wait till Wednesday, and she would consider the microphone as her own. As per incidental damage, incidental loss includes expenditure that the non-breaching party incurs in attempting to minimize the loss that flows from the breach (Lagioia et al. 2022). However, to arrange for substitute goods or services, the non-breaching party might have to demonstrate the availability of the money and the product. He can also pay a premium or special fee to locate another supplier or source of work. In this situation, Arthur has made the mistake of not listening to Stella which has caused issues for him in terms of not getting the wireless microphone. This can lead towards considering the incidental damage where Arthur can pay a premier amount for the product so that he can get the product whenever it will be needed at the time of availability.

By visualizing the above discussion, it can be demonstrated that Stella is not legally bound to sell the wireless Bluetooth microphone as she has been found clear from her side. This is illustrated as she already mentioned if she would not hear anything from Arthur by Wednesday, she would consider the microphone for herself. In this situation, Arthur can request Stella to sell the microphone or provide the contact of another source from where the same product can be purchased at the same price.

According to the scenario mentioned in this section, it has been identified that Jeff has offered Arthur the wooden bookcase for £110. However, Arthur replied that he wants a little higher price than what Jeff has offered him at £150. After the offering price by Arthur, Jeff refused to purchase a bookcase. In this regard, considering the whole scenario, it comes within nominal damage. This has been illustrated as nominal damage illustrates a small sum of money that is awarded as damages to someone who has suffered a legal wrong but no actual financial loss. In this situation, if Arthur considers the offering of Jeff, he is not getting into any financial loss. However, he is getting the price of the product but a little low than he desires. This has been illustrated, as Arthur wants to sell the bookcase but at a slightly higher price (Salminen, 2019). Now, Jeff has come and asked for the bookcase for £110. If she does not purchase the product, Arthur has to look for other options that could include advertisement. However, some breaches of contract can also be there in other cases that might create problems for Arthur. In this regard, he may accept the offer, Jeff. However, Arthur can also consider getting instant payment when he will give the product to Jeff. This will ensure the payment from Jeff and prevent a breach of contract as well as financial loss. It has also been identified that Arthur can wait for a week to check if anyone is there who can provide the price as required by him. This can be done with the help of making an advertisement for the bookcase where Arthur's required money and the availability of the product can be demonstrated. This can be an option to check if somebody is there who can pay as much money as required by Arthur. In this situation, if Arthur gets anybody to purchase the product at his required price, he can purchase it from that person. However, if he would not get any individual offering a higher price as per his requirement, he can consider an offer from Jeff. This would be the best option for Arthur to meet his requirement and get the same price as he desires.

References

Battafulkerson.com, (2022), TYPES OF DAMAGES YOU CAN SUE FOR, available at: https://battafulkerson.com/sue-for-damages/ [Accessed on: 17.10.22]

Cavico, F.J., Mujtaba, B.G., Muffler, S., Samuel, M. and Polito, N.M., 2018. Manufacturer, supermarket, and grocer liability for contaminated food and beverages due to negligence, warranty, and liability laws. Economy, 5(1), pp.17-39.

EVWIERHURHOMA, E.D. and OGA, K.C., Making Your Company Sue Proof: Employee Perspective.

Goldberg, V.P., 2018. Consequential Damages and Exclusion Clauses. Criterion J. on Innovation, 3, p.27.

Lagioia, F., Jab?onowska, A., Liepina, R. and Drazewski, K., 2022. AI in search of unfairness in consumer contracts: the terms of service landscape. Journal of Consumer Policy, 45(3), pp.481-536.

Mao, W., Dong, Z. and Lee, H.H., 2022. Before It’s Too Late: Product Recall Delays and Policy Design. Manufacturing & Service Operations Management, 24(4), pp.1926-1938.

Mass.gov, (2022), Sue a business over a consumer complaint, available at: https://www.mass.gov/how-to/sue-a-business-over-a-consumer-complaint [Accessed on: 17.10.22]

Moitra, S., 2020. An Overview of the Interpretation of Contracts by English Courts and Its Impacts on the Corporate Sector of the Country. Available at SSRN 3667675.

MuhammadRusdi, A. and Santiago, F., 2020. Business Legal Liability for Consumer Rights Breaching the Apartment. JL Pol'y & Globalization, 99, p.127.

Salminen, J., 2019. From product liability to production liability: Modelling response to the liability deficit of global value chains on historical transformations of production. Competition & Change, 23(4), pp.420-438.