Discussion 4
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School
Algonquin College *
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Course
1702
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
4
Uploaded by ChefEnergy12099
A woman from British Columbia, Saliha Alnoor, recently
sued Colgate-Palmolive, alleging that she was injured
by a defective toothbrush. She stated that the
toothbrush snapped as she was brushing her teeth,
which injured her gums and caused them to bleed
profusely. Alnoor claimed that she had endured
permanent injury and sought damages, including
$94
000
in anticipated treatments. Colgate denied any
wrongdoing. Soon after the trial began, the judge made
several rulings against Alnoor, who was self-
represented. Alnoor later agreed to drop her claim in
response to Colgate's offer to waive legal costs against
her (estimated at about $30 000) if she did so.
According to the
National Post
, Alnoor's brother stated
as follows: "We spent $21 000 on lawyers and experts,
but we have no regrets. Now we know how justice
works. Now we are much wiser." Do you agree with
Colgate's approach to Alnoor's litigation? What are the
risks Colgate faced from the litigation? What are
Alnoor's risks?
Law
Accurately identifies all key business and legal issues for each given scenario and
demonstrates full comprehension of material
Facts – Applying the Law
Thoroughly applies specific facts and makes reasonable analysis from a legal
perspective. Able to propose sound recommendations and/or draw rational
conclusions about the issues identified.
Meets all 3 rationale:
- how to implement the recommended course of action
- the pros and cons anticipated with the remedy proposed
- the desired outcome and other possible outcomes
Writing
Writing is clear, concise and precise. Paragraphing and sentence structure
coherent.
Answer & Explanation
Solved by verified expert
The decision of the company to offer the waiver for the legal fee incurred in
the case for the Plaintiff Alnoor is the correct one if she decides to close the
case. This is due to the fact that the company was in a better position than
the plaintiff as many rulings was made against her by the judge. The
company wanted to settle the case out of the court and i could have
backfired to the company and then the company might end up paying huge
money for the unfair legal practices if it is found that it is involved in settling
the case through wrongful manner.
1
Step-by-step explanation
The main consequences for the company would be the loss of reputation,
momentary losses as the company might have to pay compensation to the
plaintiff, negative publicity and wastage of time to proceed the case.
In case of plaintiff, the main consequences could be loss of money to be paid
in the form of fine due to misrepresentation of facts, money to be paid to the
lawyer and risk of being punished for wasting the time of the court.
The cost : in Canada the loser have to pay a portion of the winners legal
costs
1
A woman from British Columbia, Saliha Alnoor recently sued Colgate-Palmolive
because of the gum injury caused from a defective toothbrush. She claims that
she had endured permanent injury and sought damages, including $94,000 in
anticipated treatments. In court the judge made several rulings against Ms. Alnoor
which led to Colgate offering her to drop her claims and that Colgate would waive
legal costs against Ms. Alnoor.
Litigation is one of the most expensive, stressful, unpredictable, and time-
consuming options to dispute a conflict, aside from alternative dispute resolution
(ADR) including negotiation, mediation, and arbitration which are less time-
consuming, less costly, and more private because it is solving a dispute outside of
courtrooms.
These ADR mechanisms prioritize collaborative discussions, impartial mediation,
or arbitration to facilitate resolution. The parties involved have more control over
the outcome, maintain confidentiality, and lead the parties to a cooperative
environment.
Despite these advantages Ms. Alnoor decided to proceed with litigation, selecting
the traditional legal process which can be time-consuming, costly, and stressful.
Do you agree with Colgate's approach to Alnoor's
litigation?
I agree with the approach made by Colgate. This is because when the judge had
made several rulings against Alnoor, it provided the company with significant
advantages in the defense. Colgate had a strong likelihood of winning the
litigation, but their decision to waive legal costs against her can be viewed as a
compassionate gesture towards their consumer. Showing them Colgate’s respect
for their customers.
Additionally, this action may enhance the company’s
reputation. The goodwill toward consumers can contribute to a positive public
perception and potentially attract more consumers or enhance loyalty to Colgate.
Another important piece of information to note is how Colgate made a strategic
move to protect their image rather than a genuine attempt to resolve the issue
fairly.
What are the risks Colgate faced from the litigation?
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During this litigation, Colgate faced several risks, notably concerning the perceived
quality of their products. In the event of loss, Colgate would be accountable for
the substantial legal expenses and a $94,000 claim related to Ms. Alnoor’s
permanent injury. This may potentially tarnish Colgate’s reputation in the eyes of
their customers, leading to a perception of their product as being of lower quality.
When their consumer starts thinking that Colgate’s product is low quality it may
result in a reduction in sales which leads to less profit for the company.
What are Alnoor's risks?
Alnoor’s primary risk in this legal dispute stems from her lack of professional legal
counsel. Without guidance from a legal expert, she might overlook critical
strategies and options for resolution. Typically, legal counsel will advise
considering ADR options. This includes negotiation, meditation, and arbitration, all
of which are less costly, time invested, and less stressful for both parties involved.
Failing to explore these ADR avenues might increase the financial burden and
emotional stress for Ms. Alnoor. Additionally, she faces the potential liability for
Colgate’s legal fees if she loses the case.
This financial responsibility could significantly impact her as an individual,
necessitating careful consideration of the possible consequences of this litigation.