acc2
docx
keyboard_arrow_up
School
Northern Kentucky University *
*We aren’t endorsed by this school
Course
605
Subject
English
Date
Apr 3, 2024
Type
docx
Pages
3
Uploaded by CommodoreDragon4801
There are continuing sales of the product to police departments throughout the U.To be accommodating, Ms. English has voluntarily and without charge...
Question
Answered step-by-step
There are continuing sales of the product to police departments throughout the U.S. To be accommodating, Ms. English has voluntarily and without charge installed the product in the firearms of those police agencies. She realizes as sales increase that this accommodation will either have to be eliminated, or that a charge will have to be added to the overall price of the product. She is thinking of distributing the product with an "installation manual." The product itself is sturdy, and installation simply involves attaching the product on the weapon near the firing chamber. She has concerns, however, that someone might improperly install the product and thus interfere with the original design of the weapon. She fears that this may cause a malfunction such as "jamming."
What are your thoughts? What should the installation manual include? What, if any, legal issues are presented? Ms. English would also like you to advise her as to other ways she can reduce her liability so please advise her as to all possible options. While meeting with Ms. English about this situation, please also advise her regarding the law that applies here and how it applies to her and her product specifically. And, advise her regarding her possible defenses, if any.
Business
Management
Business Law
Share Question
Comments (5)
Incomplete question
Expert Tutor
Previous details...
Expert Tutor
A few weeks have passed since your meeting with Ms. English, and she was very impressed with
your ideas. She attributes your excellent suggestions and ideas to the superior education you are receiving from Northern Kentucky University. You have been promoted to "Executive Administrative Assistant." Ms. English wishes to have another meeting with you to listen to more of your ideas. As usual, she would like you to submit a paper detailing your ideas and advice. Again, Ms. English wants you to use rely on what you are learning in your Legal Environment of Business class to advise her here. The following issue is to be addressed at the meeting: There are continuing sales of the product to police departments throughout the U.S. To be accommodating, Ms. English has voluntarily and without charge installed the product in the firearms of those police agencies. She realizes as sales increase that this accommodation will either have to be eliminated, or that a charge will have to be added to the overall price of the product. She is thinking of distributing the product with an "installation manual." The product itself is sturdy, and installation simply involves attaching the product on the weapon near the firing chamber. She has concerns, however, that someone might improperly install the product and thus interfere with the original design of the weapon. She fears that this may cause a malfunction such as "jamming." What are your thoughts? What should the installation manual include? What, if any, legal issues are presented? Ms. English would also like you to advise her as to other ways she can reduce her liability so please advise her as to all possible options. While meeting with Ms. English about this situation, please also advise her regarding the law that
applies here and how it applies to her and her product specifically. And, advise her regarding her possible defenses, if any.
Expert Tutor
Accountabullity is a small business started a few years ago by Tess English. Ms. English started the business when she developed software that would monitor and record the discharge of firearms. The program is downloaded into a small microchip that is internally attached to a firearm. The software monitors the discharge of the firearm, recording the date and time of the discharge, and maintains that information in a database which can be downloaded to a computer. This product has attracted interest around the country from different police organizations. The microchip is relatively inexpensive to manufacture, and Ms. English is currently buying the microchip from MC Company pursuant to a written contract.
Expert Tutor
Missing data, graph, link, or other material
Expert Tutor
Answer & Explanation
Solved by verified expert
Rated Helpful
Ms. English should teach some of her employees how to properly install the product so that they can help her serve the increasing market comfortably. She should include the procedure in the manual for instructing individuals how to install the product in firearms. Step-by-step explanation
I think that Ms. English should continue to install the product by herself if she dreads that individuals in the police agencies may improperly install the microchip and thus interfere with the original design of weapons. Instead of leaving the police agencies with the product to install, Ms. English should come up with a learning program in which she will teach some of her employees how to handle the software and install it properly on firearms. After teaching all her recruits how to properly handle the software, she will distribute them to different police agencies so that they can help install the product. In this case, Ms. English should increase the charge on the overall price of the product so that she can use the extra amount to pay her employees and cater for likely liabilities. Also, she should distribute the product as thought with an installation manual to just act as a reminder to those attaching the software on firearms. However, if the price appears to be too high for some customers to afford, she should allow them to purchase the product at a normal price but under certain conditions. For instance, the buyer should be allowed to purchase the product at a normal price with its installation manual but then M.s English will not be held responsible under any circumstance for the consumers' negligence or breach. Ms. English can include a clause in its contract excluding herself from liabilities that arise from the side of customers who decided to buy the product at a lower price and install it for themselves. In
the clause, she can clearly indicate that the customer claims he or she can read, understand and install the product without Ms. English's help and therefore, accepts to become liable for his or her actions. Furthermore, Ms. English should include a statement in her contract saying that in case a customers fails to understand the installation manual, he or she should call for assistance to avoid messing with the design of a weapon. The customers, also assumes responsibility if he or she fails to seek Ms. English assistance before installing the software. In case of a legal issue, the clause will help Ms. English to reduce her liability as the manufacturer of the product. For instance, she may assert that customers who agree to install the software by themselves on their firearms are personally liable for any fault because they
personally consented to buy and claimed they have the ability to install the product without interfering with the design of a weapon. If Ms. English is used under product liability tort, she is likely to reduce her liability as the manufacture. She may defend herself by arguing that the customer contributed to the fault by not following instructions or terms of the contract. She can argue that the customer's actions have lead to contributory negligence. Ms. English therefore, should continue to install the product on behalf of the customers to avoid liabilities and ensure that those customers want to install the software themselves are held liable for their faults. Student review
100% (1 rating)
Is this answer helpful?
HelpfulUnhelpful
Add to library
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help