In this case the special damages likely would cover

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medical costs, replacement cost of the Dualplex 360, and costs to repair areas where the laptops overheated. The other damages that customers may seek are general damages. General damages can be described as the opposite of special damage due to them not being as easily quantifiable. General damages are based on the subjective outcomes caused by the tort such as pain and suffering, loss of consortium, loss of reputation, and loss of mental or physical capacity (UMUC,2019). Lastly, there is the potential of punitive damages being awarded as a form of punishment for NDB (the tortfeasor) for ignoring the safety hazard and putting the public at risk. The court would have to view NDB’s conduct as egregious and seek to send the company a message by being heavy handed with the damages awarded. The NBD egregious act committed was intentionally sending out a product with a known design defect. What defenses might NBD have for each claim? How likely it is that NBD will win each claim?The claims that NDB has to discredit the claims are that a design defect exists and failure to warn. In defense of the design defect, NBD did perform a cost-benefit analysis but determinedthat the payouts from lawsuits would be less than the cost of redesigning and manufacturing a new laptop. From this information, it looks as though the company intently decided to cover-up the defect and added a warning to reduce liability making a defense very challenging. This decision means that the company knowingly released a poorly manufactured product which could cause damages and injuries when used for any of its intended purposes. The Department of Energy Energy Policy and Conservation Act states that it is illegal to knowingly distribute intocommerce any new product covered under the Act, unless the product is labeled in accordance with the rules, and it conforms to a specified applicable energy conservation standard, except to the extent that the product is covered by a regional standard that is more stringent than the

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