MANAGING FOR EFFECTIVE AND ETHICAL ORGANIZATIONAL BEHAVIOR Essay 2 MBA

MANAGING FOR EFFECTIVE AND ETHICAL ORGANIZATIONAL BEHAVIOR Essay 2 MBA

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MANAGING FOR EFFECTIVE AND ETHICAL ORGANIZATIONAL BEHAVIOR Essay 2 MBA
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In order to determine whether Ms Melissa can file suit against any of the three parties: the boat manufacturer, the boat seller and the coast guard or maybe against two or all of them, there are 3 major aspects that have to be taken into consideration before the final decision will be made. I would consider the 3 major legal theories in order to predict chances of winning the case in the court. These are: the doctrine of strict liability, the doctrine of negligence and the product warranty. This paper will also present some possible defenses that the 3 parties could use in the court. I think that two more important aspects that have to be considered as well are: the defectiveness of the product – in our case the rubber mat and the fact the man who died tragically was drinking bears on the day of his death. We have to keep in mind that there are more parties involved in this case. These are: The plaintiff: Ms Melissa and the defendants: the boat manufacturer, the boat seller and the coast guard. However our case is not that easy as it seems to be, and it seems to be rather more complex, as we will be discussing the case from different perspectives. For example, there is a boat seller, who bought the boat’s parts from different manufacturers, as one manufacturer rarely produces all parts. Moreover, it seems that we also have to answer a question concerning the coast guard’s role in the case, as someone could say that they could have done something to prevent the tragedy or ordered the boat’s inspections prior to the tragedy. Did they fail to do so.? Had they checked the boat’s condition, would they have found a defective product on the board? This paper’s goal is to answer all these bothering questions To start with, I think that the Strict Tort Liability could be applied in our case. This liability was created under Section 402A of the Restatement (Second) of Torts. The Restatement § 402A: Special Liability of Seller of Product for Physical Harm to User or Consumer says, that “One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user, or to his property if a) The seller is engaged in the business of selling such a product, and b) Is expected to and does reach the user or consumer without substantial change in the condition in which it is sold. 2) The rule stated in Subsection (1) applies although
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MANAGING FOR EFFECTIVE AND ETHICAL ORGANIZATIONAL BEHAVIOR Essay 2 MBA

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