Due 5th of September, 2019
Needed Excellent Quality
EXTRA CREDIT ASSIGNMENT 01
400
words
Excellent
Quality
1
Discussion 02- 200 words
Please respond completely to the
following questions and input your answers into this discussion:
Solution
1. After reviewing the Ford
Pinto Case Study answer the following questions.
a. If you were the CEO of Ford
would you have made the modification to the Pinto to make it safer (and lost
revenue) or would you have kept crossed your fingers hoping no one else was
injured (thus keeping profits high)?
If
I were the CEO of ford motor company I would make changes in the design to
prevent people from any injuries or harm. I firmly believe that cars should be
made safe. Harmful cars and projects can
never gain success. It can ruin the reputation of a company. One should be
extremely cautious about repute of a company because the aim of a company is to
earn trust and confidence of consumers. If a company like ford motors start
producing such products it is not a good deal. Companies thrive when consumers
put their love and trust for the product. Saving money and being cost efficient
is not enough. Moreover, such projects like pinto produce concerns among
stakeholders regarding the company. I would make all necessary changes to make
the product safer and I believe it would have been a smart move because we can
see nowadays there is a trend to make vehicles safer. Hoping that no one gets
injured and earning high profits is absolutely unacceptable.
b. When a company admits they are wrong or
they have made an unethical decision their company usually suffers financially
due to several factors. What stakeholders were affected by the faults of the
Pinto?
The
primary stakeholders are the consumers who are mainly affected by the product’s
failure. It is reported that hundreds of people died from fire related
accidents by pinto. Other than consumers, company itself faced financial losses
due to law suits and other costs.
c. Ford claims that its Pinto met
all of the government safety requirements for motor vehicles, but as you now
know the Pinto was an extremely dangerous automobile if you were involved in a
rear-end collision (and Ford was aware of this). In this case what is the
difference between being in compliance with the law and exercising corporate
ethics/social responsibility?
Ford
is not exercising corporate ethics or social responsibility because its
associate and the company delayed adoption of NHTSA crash standards through
successful lobbying. The company claims to be a safe project but this is not
actually true and the standards are not applicable.
2. Find an online current event in
the news (within the last year) about a product recall, a product that has
caused injury to a consumer, or a illegal act committed by a business. Post a
link to the article and give a one paragraph synopsis explaining the article.
Using the Josephson’s Core Values Model explain how you would make a
decision based on the event in the article you read (whether you agree or not
with the actual outcome in the article).
The
products which caused damage and harm to the consumers include subcompact cars
like the fiat 500 FIA and Honda fit. These vehicles were the worst vehicles in
terms if performance. When the vehicles were given a tough test in which the
front corner of the car hits a pole, tree or another car what happens to it.
There were eleven cars which were tested by the insurance institute for highway
safety. The results were not acceptable as only one car won an overall
“acceptable” rating. The Honda fit and Fiat 500 was the worst performers in the
test. The results provoked consumers not to buy these vehicles. The consumer
reports suggested that the improved version of these vehicles can pass the test
in future (Seetharaman, 2014) .
Works Cited
Seetharaman, D. (2014). Most minicars fail new
crash test; Fiat 500, Honda Fit worst. Retrieved from Reuters:
https://www.reuters.com/article/us-autos-safety-minicars/most-minicars-fail-new-crash-test-fiat-500-honda-fit-worst-idUSBREA0L24W20140122
2
Discussion 03 200 words
Please respond completely to the
following questions and input your answers into this discussion:
1.
Why
regulate the economy at all?
The
government’s main way of influencing the market is regulation. Regulations are
necessary for well functioning, market based capital economy. As a matter of
fact regulations are not always beneficial for the citizens. The aim of
regulation is to protect the rights of citizens. This is actually not witnessed
because of red tape. The red tape discourages healthy economic competition in
the market. Regulations make sure a smooth transfer of goods and services. This
is the reason why regulation is required in economies. Without regulation there
are chances of confusion, or frauds, and so on. Regulations are intended to
promote safety and rights of citizens.
2.
Give
five examples of activities you perform in your daily life and explain the
agency that controls/impacts your performance of that function.
I
perform activities which are regulated by government authorities like I am a
seller. I work according to the code of conduct and standards set by the
regulatory authorities. This helps me and my consumers from any encroachment. I
follow the rule regarding trade of goods when I import goods from different
regions of the world. I pay the taxes imposed by the regulatory authorities.
3
Discussion 04 300 words
Please respond completely to the
following questions and input your answers into this discussion.
1. Go to the EPA - Criminal
Enforcement website and find a Major Criminal Case that the EPA has
investigated (within the last year). Post a link to the report and give a one
paragraph synopsis explaining the outcome of the investigation.
On
the EPA, the criminal enforcement website, there was a case of Joseph Michael
Kehrer. On 16th Aug, 2018, kehrer was imprisoned for five months.
This was due to the fact that kehrer failed to notify regulatory authorities
regarding movement of asbestos material. Prior to this incident, kehrer was
guilty of felony violation of the federal clean air act. It was specified that
kehrer would be monitored for one year after his release from imprisonment. A
criminal fine of fifty thousand dollars was also imposed on Kehrer. Kehrer
accepted that he was the owner of a building in February and March 2015. This
building was formerly the Oakville elementary school. There was a renovation
activity during that time. Kehrer removed asbestos which were greater than 160
square feet. It was mandatory to notify this to the regulatory authorities i.e.
ten days prior to moving asbestos. Kehrer agreed that he knew this law and it
was his mistake that he did not notify the concerned authorities prior to
construction activity. This case is a clear example that those who put
community on risk because of their unlawful actions have to face consequences
for their actions (Clinton County Man Sentenced for
Unlawful Asbestos Removal, 2018) .
You read all about Bernie Madoff
and the elaborate ponzi scheme he created to steal hundreds of millions of
dollars from everyday Americans. You might think that this type of high
profile, white-collar crime only happens in big cities, think again. Read the
following article: Dayton Ponzi Scheme, about the Bernie Madoff of Dayton.
After reading the article:
a. Categorize and define the
various types of crimes committed by the Defendant.
Madoff
committed different frauds like securities fraud, investment advisor fraud,
mail fraud, wire fraud, money laundering, theft from employees’ benefit plan,
perjury, and so on. These crimes are categorized as embezzlement, fraud,
bribery, and cybercrime and so on.
b. Explain the criminal aspects and
civil ramifications of the Defendant & actions.
The
criminal aspects of the case were that the criminal was imprisoned for 150
years. The criminal indulged in crimes like embezzlement, fraud, bribery, and
cyber crime. This caused damage to the public information and property. Madoff
engaged in white collar crimes. The consequences of Madoff’s actions were
serious enough as the government had to pay back the victims billions of
dollars. Some of the amount was paid to the victims by selling his property.
c. Explain what crimes employee’s
of the Defendant could be charged with.
They
can be charged with bribery, embezzlement, and insider trading.
d. The defendant in Dayton was
convicted under Federal Law. Attempt to identify what crimes the Defendant
could have been charged with under Ohio law. (Hint: Start here ORC Title
29)
In
Ohio law, civil law is different from criminal law. The criminal law is
enforced by the government prosecutors to make the community a safe place to
live in. The crimes are based on
statutory law which is different from state to state. There are two main
features of a crime i.e. actus rea and mens rea. This is actually the wrongful
act and the state of mind or intention to commit a criminal act. Madoff’s case
would be considered based on these features i.e. mens rea and actus rea in Ohio
law. state law would also be considered.
Works Cited
Clinton County Man Sentenced for Unlawful Asbestos
Removal. (2018). Retrieved from
Environmental crimes bulletin : https://www.epa.gov/sites/production/files/2018-10/documents/aug-sep_2018_bulletin.pdf
4
Discussion 05 300 words
Please respond completely to the
following questions and input your answers into this discussion:
1.
Tort
Reform has long been a hot topic in the United States. Take a look at the
American Tort Reform Association website on the Learning Activities page
and find a recent initiative (within the past year) that they have been
involved in through legislative action. Explain what the legislative reform
accomplished and what state enacted the reform measure.
The
aim of tort law is to “deter people from injuring others and compensate those
who are injured”. There are a broad range of subjects which come under tort law
like personal injury, medical malpractice, liability of products, and so on.
Tort reform is a popular topic in USA and the protecting access to care act of
2017 is a part of recent initiative through legislative action. This law is
meant to improve the healthcare services access by reducing the pressure on the
healthcare delivery system. This additional burden is caused by the liability
system on the health delivery mechanism (Lewis, 2018) .
2. In 2000 Firestone tires had a
major problem on their hands, several of their tires were exploding while being
driven, causing serious injuries and death to its customers. In fact on May 2,
2000 the National Highway Traffic Safety Administration opened an investigation
into Firestone tires based on reports of tread separation on some of its tires.
At that point, the agency had received 90 complaints, including reports of 33
crashes resulting in 27 injuries and four deaths. Answer the following based on
your independent research on the Firestone case:
a. What type of tort claim would an
injured or deceased party pursue against Firestone?
The
injured or deceased party can make a claim of negligence on the part of company
for product liability. In product liability, the manufacturers, sellers or
distributors are held responsible for injuries or death caused by the product.
The party is held responsible even if they had no intention to do the wrong act
or unaware of any negligence. Manufacturing defects, design defects or failure
to warn defects i.e. which can be lessened by giving buyer a warning statement
are essential features of product liability claim. The victims can be awarded
for damages, usually to bring them in the state they were prior to the
incident.
b. What is the goal of tort law and
how does it apply to the Firestone case?
Tort
law aims to protect civilians from a wrong act which might cause them harm or
danger. Tort aims to protect the civilians from dangers and compensate them in
case of any harm. In firestone case, the company clearly engaged in a negligent
attitude towards consumers and it caused many injuries and deaths. The victims
can claim award of damage from the company under tort law.
c. Think back to the Ford Pinto
case, how is the Firestone incident similar; and how did Firestone confront the
issue once it was discovered?
The
ford pinto case was a result of negligence on part of the company. The
firestone case is similar. The company concealed safety data and the product
caused several injuries and deaths. Once firestone discovered the issue, it
speculated that the issue is not in the tires but in the ford explorer itself.
Firestone recalled 6.5 million tires.
d. If you worked for Firestone what
defenses would you claim?
If
I worked with ford I would have claimed award of damage from ford motor company
as it endangered the repute of the firestone by claiming that injuries were a
result of defective tires by firestone whereas the problem lied in the
vehicles. It was found out that ford company concealed safety data.
3. You work at a local electronics
store, Electronics Warehouse. While you are working you spot a customer who
appears to place something into their backpack (which you think is an item they
haven’t paid for). Before they exit the store you yell “STOP THAT THIEF” and
another employee tackles the customer at the exit. When the customer is tackled
the injuries his knee and is spotted by his current boss. You and the employee
escort the customer back to the security office and rummage through his
backpack, but unfortunately you don’t find any evidence that something was
stolen, so you release the customer and apologize for the mix-up. The next day
the customer returns to his job and his fired for being a thief by his boss who
witnessed the events at the electronics store the day before.
a. Explain in detail what tort
theories the customer can sue the Electronics Warehouse. Would he be
successful?
Tort
law is based on the kind of compensation the person is entitled to and the kind
of damage the company is responsible for. There are four elements of tort law
i.e. duty, causation, injury, and breach of duty. The customer can claim
negligence on the part of the electronics warehouse and the behavior of
specific person. The customer would be successful in the case because
negligence is an essential element of tort law.
b. Can you or the other employee be
sued for a tort? If so, what tort(s)?
Yes,
it is possible because the employees should have informed the boss regarding
the matter on time. The boss is not eligible to insult anyone based on his
assumptions or false details.
c. What defenses would the
Electronics Warehouse raise? Would they be successful?
The
warehouse can defend itself that they have apologized to the customer for the
confusion and their intention was not to insult the person or call him a thief.
Works Cited
Lewis, K. M.
(2018). Tort and Litigation Reform in the 115th Congress. Retrieved
from https://fas.org/sgp/crs/misc/LSB10118.pdf
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