All companies are required by law to follow legal responsibilities. A company should acquaint itself with outer influences that administer the industry in order to function well. No company can be lucrative without its customers they are just as important as the employees if not more. The customers are the ones who bring success to these companies and at the same time give determination. Not all customers are contributors, some are unmannerly, possessive and some just try to get over on businesses. “Businesses have a role to play in improving the lives of all their customers, employees, and shareholders by sharing with them the wealth they have created” ( Bateman & Stair, 2006, p. 175). Consumer protection laws are set up to regulate reserved law relationships between individual consumers and the businesses that retail goods and services. They aim to safeguard the rights of consumers as well as sensible trade competition. The government normally require businesses to disclose well in depth information about their products especially concerning welfare and public health. There was a case involving Johnson & Johnsons all metal hip implant. This case involved a 65 year old former prison guard claiming to have gotten metal poisoning from the devices. Johnson & Johnson’s DePuy Orthopaedic division industrial implants and were recalled in 2010 due to design defects. It was said that these implants were shedding toxic metal debris in patient’s bodies. The devices carry a ball and cup covered with cobalt and chromium but were advertised as being more durable than plastic and ceramic. The plaintiffs claimed that the two rubbed against one another and produced these toxic debris. It was said that around 5 out of 10 had to be replace... ... middle of paper ... ...f there was a possibility that harm overdid the cost to take the safety measures, then the company should take them, whereas if the cost was accountable. That was a legal but not ethical decision because people’s lives are put on the line. There are many reasons why strictly cost effective theories shouldn’t be used. People’s lives should not be put at stake just because the price is too high and when that high risk could be lowered. There is a lot at stake for Ford riding on this. Their reputation is on the line due to the backlash and lawsuits they are up against. It is well established through obtainable case law. It inspires businesses to have precautionary measures toward making hazards that result in huge expenses. It could be reasoned that things should have must have some mutual ration. And last but not least delivers something companies can go by.
This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.
Firstly it is important to explore the reason of Consumer Law. Consumer Law is designed to prevent business to engage in unfair practices, gaining an advantage over competition and also to provide protection to those who are weak. Furthermore it is to provide protection to consumer, encourage consumption and help inform consumer and suppliers of their rights. Additionally Consumer Law helps deliver a competitive economy which engages in fair trade actions.
The Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. The guarantees are intended to ensure that consumers will receive the goods or services they have paid for. If they have problems with the products and services they bought, they are entitled for remedies, such as repair, replacement, and refund.
Despite these advantages there are concerns which affect patient’s and surgeon’s decision to undertake metal-on-metal hip resurfacing arthroplasty. These issues range from being technically demanding, stringent patient selection criteria (11), high early incidence of femoral neck fractures(12, 13) and reported risk of high circulating metal ions(14-17). There are theoretical concerns about cancers following exposure to high levels of cobalt and chromium ions (18).
Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for
Hip implants have been utilized even longer than metal-on-plastic implants. Metal-on-Metal bearings (cobalt chromium alloy, titanium alloy or from time to time stainless steel) were in use from as distant back as 1955 nevertheless they were not agreed for use in the U.S. by the FDA till 1999. They proposal the possible for considerably decreased wear, alongside less inflammation and less bone loss. A little mechanism recalls have held negative attention to Metal-on-Metal. Metal-on-metal constituents permit the biggest heads across the whole scope of implant sizes. Colossal ball heads furnish increased scope of gesture and larger stability, that can considerably cut the chance of hip dislocation, a critical factor in the long word accomplishment of an implant.
This turned out to be a serious safety hazard with the expected loss of life. But they labelled it as an Acceptable risk, instead of finding a solution.
The final decision would then be to have the engineers and manufacturers are at the uppermost authority in aerospace decision making with regards to ethics. They should have the primary responsibility to inform the government, at any cost and at any concern as to the safety and well being of passengers who fly. Engineers and manufacturers are the ones who create aerospace vehicles, so they should be the ones to decide on the extent of their safety, and the safety of all who use them.
This case involves Ford and the Japanese tire manufacturer, Bridgestone/Firestone. The Ford Explorers which were prone to rolling over, came equipped with Firestone defected tires. The tire seemed to have a defect that caused the tread to separate from the whole of the tire and cause the vehicle to flip. Although Firestone knew about such defects, they continued to produce despite knowing the deadly consequences that lay behind their actions. The Explorer also had a bad reputation of rolling over and Ford knew it. As a result, fatal accidents occurred from these two combinations. Since this was a very serious safety issue, Ford and Firestone were ordering the recall of problem tires in Saudi Arabia, Venezuela and Asia but not in the United States. So, did the company act ethically in resolving this crisis? No, the companies failed to fix the problem in the United States. According to NHTSA, the tires have caused many deaths and injuries in the United States. In fact, these accidents would have not occurred if both companies have solved the problem immediately. Thus, despite the obvious safety issues, there were also fundamental ethical issues.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
Management has to comply with the Occupational Safety and Health Administration’s regulations, or risk getting fined. There are many cases where companies try to cut costs, violate rules made by OSHA, and hide any unsafe conditions or ask their employees to lie about it. Putting employees in danger to make a greater profit goes against their corporate responsibility and makes their company lack integrity. Upper level management should make policies against using unsafe practices and lower level management lying about work conditions. They should also promote that employees report unsafe conditions to management and not penalize employees for “whistle-blowing”. Johnson & Johnson’s credo states, “…working conditions [must be] clean, orderly, and safe” (Code of Business Conduct, 2015). Johnson & Johnson implemented a variety of programs to make sure their employees are safe within the workplace including: machine, electrical, contractor, warehouse, and office safety, hazardous processes, and fall prevention (Workplace Safety, 2013). Johnson & Johnson works to reduce their workplace injuries each year and even gets employees and their families to help come up with new programs to further reduce unsafe situations in the workplace. All this contributes to why Johnson &
As pointed out, the company has an obligation to various stakeholders. These stakeholders are her investors, the government and the customers. To the government, the company must ensure that it remits all taxes as required by the law. Secondly, Apple is obliged to work with the consumers through corporate social initiatives and lastly, to the investors, the company must work to yield returns for their investment.
Although it is legally enforced for the manufacturing business to make sure the working environment is safe and healthy for employees, it is also an ethical issues that organizations must address. The ethical aspect of providing safety for employees show that the organization cares about it 's employees and their wellbeing. Another ethical practice that the company wants to address properly is the act of obtaining
The consumer protection act (CPA) seeks to protect and promote the consumers interest through speedy and inexpensive redressed. The scope of the act is very wide. It is applicable to small and big undertakings, whether private or public sector. These acts give powers to consumer to fight.
In accordance with the above statement, this essay will examine the nature of the main objectives of competition law and how they are related with Articles 101 and 102 TFEU.