Week 4 Graded Assignment Essay

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Week 4 Graded Assignment
Adam Careaga
Shorter University
Bus 5150 ONLH
Dr. Peter Jordan
February 5, 2015

Chapter 10
1. Mr. McCrusker’s experience with the ad has caused many people to question the ad that was placed from the Delonghi America Caffee Company stating that their machines were just like the pros and the consumer can brew right from home. And the ad had stated that the other home machines were incapable of producing Caffee. The language that was placed in the ad has caused other companies to question that ad and Mr. McCrusker has had to do an extensive research because of the language of the ad. The ad was correct after the research was complete but the language of the ad had caused a up roar. The documentation is very important for the company producing the ad because they could be defaming and organization or stating slanders things that are not true about an organization. I believe that many ads are going to be misleading in some form or fashion. I also believe that there should be a governing body that keeps companies accountable for what is being produced by companies that are slandering a company’s name.
2. Mrs. Throwers signed the wavier for the service to be done by Mrs. Payner therefore; Mrs Payner wouldn’t be reliable for the second degree burn on Mrs. Throwers back. If there wasn’t a wavier on the product regarding any type of burn or precaution of what could happen to an individual if using the products then the company would be responsible and liable for the Mrs. Payners injuries.
3. An express warranty expresses the promise by seller as to the quality, ability, or performances of a product.(Jennings, 2012) In the case of Ms. Sanders filing a suit against the state and the company, she is capable of winning the case against the state because the officers are trained and warned about the harms of the taser and what the effects could cause to an individual is placed on the skin. If the disclaimer stated this then the company will not lose in any case. The state would be responsible for their actions and not acting or using caution when using the weapon. Also, the state would be sued for how Mr. Sanders was placed on the gurney and treated. Even if the victim of the crime was resisting arrest the police officers are responsible to ensure the victim is safe therefore, the state would lose the case in court.

Chapter 11
4. IN the case of the landowners and the Lead Company. The Lead Company has committed a trespassing action law. Which states trespass has both a narrow and a broad meaning? The narrow meaning refers to an unlawful entry upon the land of another. The broad meaning of the term trespass encompasses any unlawful interference with one’s person, property, or rights. In order that there may be a trespass, it is not necessary that the foreign matter should be thrown directly and immediately upon the other’s land. It is enough that an act is done with knowledge that it will to a substantial certainty result in entry of foreign matters. For an indirect invasion to amount to an actionable trespass there must be an interference with plaintiff’s exclusive possessory interest; that is, through the defendant’s intentional conduct, and with reasonable foresee ability, some substance has entered upon the land itself, affecting its nature and character, and causing substantial actual damage to the rest. (US Legal, 2012) As a result, the company will have to adhere to what the landowner want or be compensated for the lead that leaked into the homeowners land.
6 Mens rea stasts that the mental intent or state of mind necessary for the commission of a crime. (Jennings, 2012) Arthur Sumner was responsible for the waste and the barrels at the manufacturing plant that produced paint. Sumner contracted a license hazardous waste disposal company to remove and dispose of some of the drums containing the waste. The problem that Sumner is facing is that he only contracted the company to
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