Belden-Assignmentweek2 - Question 1: Please read Marilyn...

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Question 1: Please read Marilyn Merrill v. Navegar , Inc., pp 276-279, and answer questions 1-4. 1. a. Why did the California Supreme Court rule in favor of Navegar in this Case? The California Supreme Court ruled in favor of Navegar because the plaintiffs’ failed to provide proof that Ferri was in any way provoked into buying the TEC-DC9 by anything that Navegar did. They found no proof of any advertising, nor any other reference to anything supplied for Navegar in Ferri’s home. b. Explain the plaintiffs’ cause of action. The Plaintiffs cause of action was that Navegar held negligence in marketing the gun to known criminals. The plaintiffs’ claimed that the gun is a military style weapon and is attractive to criminal and violent users. The claimed that Navegar knowingly marketed a gun that was popular amongst criminals. c. Explain the dissenting opinion. The judge stated that Navegar cannot be held accountable for producing a weapon; pursuant to civil code section 1714.4. Stating, that a manufacturer should have withheld a product from the market, simply because it is popular with criminals and violent individuals, does not support the claim of negligence that has been purported by the plaintiffs’. d. Argue that the plaintiffs’ claim did not involve risk-benefit analysis of the kind forbidden by the California statute. California Civil Code 1714.4 does not allow liability to be brought against a gunmaker based on a defect in the product. The claim does not include any risk benefit analysis; therefore they cannot claim that the product is defective. The claim of the product defect being that it is popular amongst criminals cannot be passed as a defect. 2. In your opinion, should gun manufacturers be liable for the criminal use of their products? Explain. I believe that gun manufacturers should be held liable for criminal use of their product. A gun is a dangerous weapon, it was invented to kill. The first use was for war and hunting of animals. Guns are dangerous and companies that make them are making an item that can and may be used for a crime. I do not feel that they should be able to be sued directly by an individual that has been hurt as the result of a gun, but they should do their part. Most of the crimes committed that law enforcement must deal with involve guns. “According to the National Crime
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This note was uploaded on 04/02/2012 for the course BUSINESS mgmt taught by Professor Bruehlman during the Fall '12 term at Chadron State College.

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Belden-Assignmentweek2 - Question 1: Please read Marilyn...

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