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Negligent Tort

  1. Crimes That Harm Business Versus Crimes Committed by Business

    Which do you believe presents the greatest threat to civil society: A corporation that commits crimes (e.g., murder, environmental crimes, bribery, etc.), or persons who commit crimes that harm businesses (e.g., embezzlement, fraud, larceny, etc.)? Defend your response, using at least one example from current events.

    Guided Response:
    Respond to at least two of your fellow students’ postings in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive: 
    Review the postings made by your peers. 

    In response to your peers, first identify a non-traditional or “creative” way in which a corporation, as a legal person, might be punished for committing a crime. Then discuss the consequences of implementing that punishment to the example used by your peer.

  2. Product Liability

    After viewing Chinese Imports & Food Safety Video, consider whether U.S. retailers that utilize products or raw ingredients that are imported from China and that are poorly regulated should be liable in tort for injuries to consumers who are harmed by those products. Answer parts 1 and 2 of the following question:

    1. Answer part a or part b

    a. If U.S. companies should not be liable, then they could be legally exempt from tort liability. Discuss the consequences of such a policy to U.S. consumers. 
    b. If the U.S. companies should be liable, then those companies would not be legally exempt from tort liability. Discuss the consequences of such a policy to U.S. businesses. 
     

2. Regardless of your response to part 1 of this question, assume that U.S. retailers do have legal liability for defective products. What steps could U.S. retailers and manufacturers take, when using products imported from China that would minimize their liability exposure? For example, they could warn consumers about the potential, though speculative, dangers when using products comprised of poorly regulated ingredients or components. Given your strategy, what challenges would exist for U.S. businesses that implemented your strategy?

Guided Response:
Respond to at least two of your fellow students’ postings in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:
Discuss the challenges that would exist if your employer (or a fictitious employer) were to adopt your classmate’s strategy.

 

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