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they did not read the manual and start using Dualplex, this action itself signifies the consumer fully understands the risk behind operating the product. In the assumption of the risk argument, the challenge is to determine whether the assumed risk is expressed or implied. Under the expressed assumption of risk, the plaintiff knowingly accepts the risk despite the danger involved with using the product. Implied assumption of risk undertakes whether the plaintiff’s conduct contributed toward the damage. If this principle substantiates, then NBD can fault consumers for either contributory negligence, meaning the consumer has contributed to the overheating of the tablet or comparative negligence, which compares the degree of fault between the plaintiff and the defendant. The jury will determine the degree of fault. However, not every state recognizes contributory negligence, so the legal defense team of NBD must prepare to contest heavily for the assumption of risk and comparative negligence. Conclusion and RecommendationSince these products are sold in Europe, NBD will be subject to European consumer laws and regulations, which is stricter than the U.S. laws. With that said, NBD needs to recall these products and be prepared for tort damages in Europe. The fact that the R&D team issued a warrantymessage signifies that there was not any cross-functional conversation that occurred with the corporate legal team. This should be an opportunity for the company to revamp how different departments communicate with each other when a new product is developed and launched. The question also must be asked why the R&D team was conducting cost-benefit analysis instead of the legal and finance teams. The head of the R&D team must be fired for the decision that’s made and the CEO of NBD must be severely reprimanded for his subordinate’s actions. 6
ReferencesCase Study – Dualplex 360. (n.d.). In UMGC Learning Resource. Retrieved from -list/dualplex-360.html?ou=495052Fraud and Negligence Torts. (n.d.). In UMGC Learning Resource. Retrieved from -resourcelist1/fraud-and-negligencetorts.html?ou=495052Tort Damages. (n.d.). In UMGC Learning Resource. Retrieved from -damages.html?ou=495052Warranties. (n.d.). In UMGC Learning Resource. Retrieved from -resourcelist1/warranties.html?ou=4950527