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Essay Instructions: Week 2
1. Which do you believe presents the greatest threat to civil society: a corporation that commits crimes (e.g., murder, environmental crimes, or bribery, etc.), or persons who commit crimes that harm businesses (e.g., embezzlement, fraud, or larceny, etc.)? Defend your response, using at least one example from current events. About 200 words

2. After viewing the 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: About 300 words

.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?

Address all of the following parts of this assignment:
1. 1. Visit the Consumer Product Safety Division website. Click on ?Consumer Safety,? and then click on ?Recalls.? Choose one product that has been recalled

a. Identify the product subject to recall.
b. b. Determine whether the manufacturer would be liable in negligence if the product had not been recalled and had caused harm to a consumer.
c. At a minimum, your analysis must discuss the concepts of duty of care, standard of care, breach of the duty of care, actual causation, proximate causation, actual injury, and defenses to negligence.
2. Identify and discuss a relevant consumer protection statute identified under ?Consumer Protection? in chapter 8 of your text in conjunction with the product recall that you have identified.

Essay Instructions: Please place number for each question in the paper to identify the answer in the paper
Please use peer review reference and include complete web address




CHAPTER 8 Consumer Protection

Given the number of products manufactured each year that kill or maim individuals, the government has stepped in and created an administrative agency to deal with consumer protection: the Consumer Product Safety Commission. This federal agency is "charged with protecting the public from unreasonable risks of injury or death from thousands of types of consumer products under the agency's jurisdiction" (click here). For example, the agency keeps track of amusement park ride injuries and regulates that industry. In 2001, it reported that there were more than "8,313 non-occupational amusement ride injuries treated in hospital emergency rooms" (click here). Considering that this is only one industry the agency oversees, that is an astounding number of injuries caused by faulty products.

Consumer safety has hundreds of guidelines and statutes associated with it. They range from the well-known Consumer Product Safety Act (and the Consumer Product Safety Improvement Act, enacted in 2008 to modernize the law) to the more obscure Virginia Graeme Baker Pool and Spa Safety Act (passed in 2007 to mitigate the dangers associated with pools and spas); the Poison Prevention Packaging Act (passed to protect children under the age of five from poisonings caused by open containers); and the Flammable Fabrics Act (passed to regulate the flammability of children's clothing), to name a few.

The website maintained by the agency at http://www.cpsc.gov is a first-rate source of information about agency news and the current status of laws protecting consumers.

Essay Instructions: The case that you use can be one of your own choosing or I will assign one to you. The key here is to find a company that is in violation of federal consumer protection law. The recall of said product. Baby and car would be two in which you can write about.


· The case analysis report will address the key issues in the assigned/chosen case and provide recommendations on actions the firm should take from both legal and ethical perspectives. The report needs to be a minimum of 10 pages, double- spaced, APA compliant and use at least 4 references to supplement the information in the case or support your recommendations. The format for the case analysis report is:

Background:
Identify the key stakeholders in the case and the impact of operational/ethical issues on the stakeholders.

Legal analysis:
Depending on the situation in the case, summarize the key legal issues related to federal employment or federal consumer protection law and in what way the company is non-compliant with the law. What factors do you think have contributed to the company be non-compliant.

Ethical analysis:
Summarize the key ethical issues in the situation. Apply at least three of the ethical perspectives (theories of ethical thought presented in the course) and for each perspective, give your opinion as to what aspects of the situation (actions by any stakeholder) demonstrate ethically sound behavior and which illustrate unethical behavior.

Contributing factors: corporate culture and corporate governance/guidelines.
Analyze how the company’s corporate culture that may have helped to minimize the unethical behavior or actually contributed to/caused the unethical behavior. Analyze how the company’s corporate governance (overall guidelines, strategic decisions/actions) may have helped to minimize the unethical behavior or actually contributed to/caused the unethical behavior.

Ethical decision factors to consider:
Based on the ethical perspectives (theories of ethical thought presented in the course), what are the key factors that should be addressed or considered in resolving the legal/ethical issues identified in this case (as outlined above). List each ethical issue and then for each issue, the factors to be addressed or considered based on the ethical perspectives used above.

Recommended corrective action:
Recommend corrective actions for each of the legal/ethical issues outlined above. Provide supporting rationale for each recommendations or industry examples of the use of your recommendations as “best practices”.
Recommend approaches or policies that the company can take to help prevent these issues in the future. Provide supporting rationale for each recommendations or industry examples of the use of your recommendations as “best practices”.

Reference List: minimum of 4 references. References can be used for the following:
o to show “best practices” from organizations for preventive or corrective actions related to ethical issues
o examples of similar incidents in the same/other industries, to illustrate factors contributing to the unethical behavior
o examples of common concerns expressed by the stakeholders you identified in the cases
o reference material (law, research articles, government data) to explain why the actions in the case are not in compliance, or what the compliance requirements are.
o identify the main source of information on the company about whom you are writing

Essay Instructions: Here is a rough outline of the type of paper I need.

Consumer Laws: When business profits conflicts with individual?s health


Outline
I. Introduction
During the consumer movement in the 1960?s and 1970?s, Congress enacted a substantial amount of legislation to protect ?the good of the people.? There?s only one problem with the consumer protection laws. They are slow to react and even harder to enforce statutes. Here are a few examples of business profits taking preference over consumer?s health.
a. Tobacco use and its link to cancer.
b. Sugar consumption and its link to cancer, diabetes and heart disease.
c. The U. S. obesity epidemic
d. Addictive substances added to food

II. Facts relevant to legal issue
a. Increase health care cost
b. Harmful ingredients added to food
c. Drugs approved by FDA are later removed from the market

III. Legal issue
a. Does U. S. Antitrust Laws increase competition while harming consumers
b. Does the U.S. Commerce Dept. mission in direct conflict with Consumer Protection and IRS

IV. Laws
a. The U. S. antitrust laws are designed to protect competition.
b. Consumer protection Act of 1970

VI. Conclusion

Please make on of the work cited Business Law Today 9th edition