Week 2 Reply

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DQ1. Crimes that Harm Bus.

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Kevin Bergstrom Discussion 1

Kevin Bergstrom mail this Author

2/17/2015 8:21:28 PM

            I believe that the greatest threat to a civil society is a corporation that commits crimes against the people rather than a person who commits crimes against a business.  The foundational reason for my belief is simply the victim of the crime.  While a person may commit a crime against a business, which in turn can negatively affect the lives of those involved with that business, both customers and employees, a large corporation can do far worse just based on its extended reach.  An example of this dynamic can be seen with big tobacco companies.  According to McCann, Haltom, and Fisher (2013) big tobacco companies had seen scientific evidence concerning the negative health effects of tobacco consumption dating back to as early as 1964.  These companies, however, continued to sink countless resources into disinformation campaigns, countering lawsuits, and essentially maintaining that tobacco was harmless (p. 5-6).  The corporate wrongdoing in this scenario is not the tobacco product as there are many corporations who make products, which cause eventual death in a free market this is (and should be) allowed, as it is the right of the consumer to decide what to consume. 

            The issue is with big tobacco’s response to the knowledge that their product was harmful to the consumer.  Rather than admitting right away that tobacco causes health problems, an immeasurable amount of resources was spent to misinform the public that the product was safe.  The first Surgeon General’s report concerning the harmful effects of tobacco was published in 1964 however big tobacco was not ordered to officially admit their deception until 2012 (McCann, Haltom, and Fisher, 2013).  In the roughly fifty years since their first discovery it can only be speculated how many individuals, having the correct information, may have never smoked, or stopped smoking.  It is in this scenario that the magnitude of a corporation’s crime can be seen.  The only time I would consider an individuals crime against a corporation to be of the same magnitude as a corporations crime against the people would be if that crime negatively affected people.  For example, if an individual somehow committed a crime against a hospital that rendered it inoperable, this would be equally as reprehensible as it may cost people their lives.  Essentially the magnitude of the crimes affect is the deciding factor in my decision and it seems, in general, that a corporation usually affects larger amounts of people with its wrongdoings than does the individual, at least in terms of crimes against the corporation.

References

McCann, M., Haltom, W., & Fisher, S. (2013). Criminalizing big tobacco: Legal mobilization and the politics of responsibility for health risks in the United States. Law & Social Inquiry38(2), 288-321. doi:10.1111/j.1747-4469.2011.01270.x

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Chuck B's Discussion 1

Charles Badgley mail this Author

2/18/2015 6:35:21 PM

          I believe that corporate crimes are worse for civil society. It really is not an easy analysis or one that can be back by anything more than our own opinions of the corporations and individuals involved in the crimes. Thankfully the law does allow corporations to be charged under law definitions because of their unique makeup. Seaquist (2012) informs us as an artificial being, a corporation has the right to own property in its own name, borrow or lend money, and sue and be sued, and it is entitled to the protection of most laws, the same as natural persons. I personally feel like corporate crimes are worse because it involves a large number of individuals who make decisions to do harm to an even larger number of people or other corporations. Eisenger (2014) tells us that Serageldin would begin serving his time at Moshannon Valley Correctional Center, in Philipsburg, where he would earn the distinction of being the only Wall Street executive sent to jail for his part in the financial crisis. Serageldin was only one person in a large line of individuals who should have been held accountable. In corporations, this seems to be how crime is handled. One person takes the fall for the actions of many. When an individual conducts a crime, they are held accountable and there are no grey lines for prosecutors to have to work around.

Seaquist, G. (2012).  Business Law for Managers. San Diego, CA. Bridegpoint Education, Inc.

Eisinger, J. (2014). Why Only One Top Banker Went to Jail for the Financial Crisis. http://www.nytimes.com/2014/05/04/magazine/only-one-top-banker-jail-financial-crisis.html?_r=0

DQ2: Product Liability

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Product Liability

Ashley Adams mail this Author

2/17/2015 8:31:19 PM

Tort law is really personal injury law. After viewing Chinese Imports & Food Safety, I would have to agree with the position that US companies should be liable in tort. Companies today are trying to cheat the market. Any business owner will try to find the cheapest way to buy a product at a cheaper rate just to gain a greater profit in the end. This is not good at all to decrease the value of any product for the greed of wealth. This can be harmful to customers and can end up in legal action. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages.

This is true regardless of whether the individual was acting as an agent for another party at the time he or she committed a tort. Of course, if the individual was acting as an agent, the (business) would automatically be liable as well. This is important to understand especially because there will not always be insurance that covers every situation or has sufficient face value to cover all of the damages involved. This is when the agent or employee is likely to be called on to pay the damages, discovering that the belief of no liability was mistaken.

Torts fall into three general categories:

Intentional torts - intentionally hitting a person

Negligent torts- causing an accident by failing to obey traffic rules

Strict liability torts- liability for making and selling defective products

 In the end, in my paper I am going to discuss the recalled Vanish Evo Bicycle Helmets due to a head injury hazard. The commission found out that these helmets did not obey the impact necessities of the CPSC safety provisions for bicycle helmets. This product has been discussed in this paper under the following key areas; duty of care, standards of care, breach of the duty of care, actual causation, proximate causation, actual injury, and defenses to negligence. All of these aspects will cause loss in sales and trust in loyal customers in the future. This responsibility has been extended to all participants in the chain of distribution of these products. That includes manufacturers, importers, distributors, suppliers, repairers, retailers and wholesaler, inspectors and certifiers, and users. However, the mandate of the manufacturer to duty of care was broad.

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Product Liability

Devin Glover mail this Author

2/19/2015 5:40:20 PM

     “The purpose of tort law is to provide just compensation to injured parties for civil injuries inflicted by others (Seaquist, 2012).” It’s my belief that the U.S. companies that import harmful products from China should be held liable. The consequences of a policy of this nature would ensure that all parties involved would most likely maintain greater control over the ingredients and chemicals within their products. The chain reaction of business dealings would ensure that each party would maintain the integrity of the products to continue making a profit as business partners. Steps that U.S. retailers could take to minimize their exposure would be to have disclaimers on packaging and to have warnings on the packaging that list the possible effects of the ingredients contained within the product. This is the best option if having the products purchased from different manufacturers is not. There are no challenges present with this option as the FDA is sure to approve such a measure since there are questionable ingredients involved from the beginning. U.S. businesses should not face too many extra challenges as this problem and solution is product specific. Stores that sell diverse brands and types of products should not be affected too greatly.

Seaquist, G. (2012). Business law for managers. San Diego, CA: Bridgepoint Education, Inc.