Verified Document

Business Law Products Liability And Research Paper

Class Actions: Class actions, which are more widely available in the U.S., offer the opportunity to condense the suits into one action. When there is a group where all the members have similar claims, one party is the representative plaintiff and brings suit on behalf of the entire class against the defendant. In a class action, Merck would be able to deal with multiple claimants at once, minimizing legal costs and potentially leading to a lower settlement per claimant because the numbers would be aggregated.

Legal Risk Management: A risk management plan would allow Merck to prevent or reduce loss. In the case of the Vioxx suits, it is too late for a preventative approach, which would try to comply with legal requirements and avoid legal problems. However, the reactive approach, which is a plan that handles problems as they arise may be a better option. Merck now focuses on reducing the costs of the problem. As a pharmaceutical company, Merck will continue risking similar problems with products that it manufactures. Thus it should create preventative and reactive plans to deal with them. Risk avoidance is not an option because pharmaceutical development and manufacturing is the core of their business. Risk reduction is the best method for management of legal risks because, while they are unavoidable, the risks can be reduced and legal problems can be mitigated.

Question 2:

Tort and Property Use: The tort of nuisance...

Parts of this document are hidden

View Full Document
svg-one

It generally arises between neighbours where one neighbour is engaging in an activity that inhibits the other's enjoyment of his or her land. The court must balance each neighbour's interest in enjoying their land and determine if the matter in which one is using their land is a nuisance. The plaintiff must prove that the intrusion is significant, not reasonable, there is no protection from viewing the alleged nuisance, and the intrusion is not temporary. If the defendant can demonstrate that one of these items does not exist, that the alleged nuisance provides a benefit to many, or the alleged nuisance was the original use of the land. Businesses can manage the risk of liability by ensuring amicable relationships with their local community, providing services that benefit many, and opening on locations where commercial uses would be the original ones.
Torts and Business Operations: False imprisonment is a tort that arises where an individual has been detained without any legal foundation. For businesses, a common scenario that arises is a person has been suspected of shoplifting and, if nothing has been stolen, a claim of false imprisonment may arise. A plaintiff must demonstrate that he or she was detained without consent or remained out of fear and suffered harm such as embarrassment. Defendants can defeat false imprisonment claims by demonstrating that there was a legal justification for the detention.

Cite this Document:
Copy Bibliography Citation

Related Documents

Law and Society
Words: 909 Length: 3 Document Type: Term Paper

Law and Society The Nature of Law and Justice - Sadomasochism Sadomasochism presents the complexities and nuances involved in the nature of law and justice. In its purest definition, socially and legally, sadomasochism is a consensual act. There may even be actual contracts involved. However, this presentation shows that just because there is consent to the act, doesn't mean that the dominant can get away with anything. In cases in which the

Law School Personal Statement I
Words: 835 Length: 3 Document Type: Research Proposal

I just like accumulating knowledge and my professional career has shown that you never can really know where you will be needing parts of that knowledge: I worked as a machinist for some time, but then I was able to promote because of the additional knowledge I had gained in the meantime. I hope that the education I will receive in law school would help improve my knowledge portfolio to

Law and Philosophy
Words: 322 Length: 1 Document Type: Term Paper

Law and Philosophy Holmes' "bad man" theory offers insight into the difference between the law and morality. The bad man is not concerned with morality but he is as concerned about the law as any "good" man because in knowing the law, he can avoid getting into trouble. The bad man would lie, cheat, and/or steal if it weren't against the law because he cares not for the morals that underlie

Law Vs. Justice Is Defined
Words: 2191 Length: 7 Document Type: Term Paper

Oliver Wendell Holmes states that justice is subjective and changes according to the viewer's prejudice, viewpoint or social affiliation. But a set of rules is needed to make society function and these rules must be carried out. This philosophy of law applies to Ann Hopkins' case. The senior partner and admissions committee had the prerogative of setting out the rules with which partners should be selected. Their sense of justice

Law Movie Analysis and Research
Words: 1566 Length: 4 Document Type: Term Paper

However, Erin Brockovich the movie has a very different ending than the actual civil action under tort law brought against California's Pacific Gas and Electric Co. The Hollywood ending would have been preferable, however life is just not that simple and a tort law case against such a company is really a long, tiring legal battle. The 1993 legal dispute from Hinkley was resolved by arbitrage and at first

Laws of Corrections When Someone
Words: 1503 Length: 5 Document Type: Case Study

The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003) Conclusion Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment.

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now