Negligent Tort
Negligent Tort
Visit the United States Consumer Product Safety Commission (Links to an external site.)Links to an external site. website. Click on “Recalls.” Choose one product that has been recalled.
Describe the product subject to recall, including the recall date, recall number, and the reason for the recall.
Analyze whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer.
Discusses the following in relation to the product recall:
Duty of Care
Standard of Care
Breach of the Duty of Care
Actual Causation
Proximate Causation
Actual Injury
Defenses to Negligence
Analyze and apply a relevant consumer protection statute identified under “Consumer Protection” in Chapter 8 of your text in conjunction with the product recall that you have identified. Must address the topic with critical thought.
Submit a four- to five-page paper (not including title and reference pages). Your paper must be formatted according to APA style as outlined in the approved APA style guide and must cite at least three scholarly sources in addition to the textbook
https://www.cpsc.gov/Recalls/2018/Panasonic-Recall…
BUS670.W2A1.05.2015
Description:
Total Possible Score: 10.00
DESCRIBES THE PRODUCT SUBJECT TO RECALL, INCLUDING THE RECALL DATE, RECALL NUMBER, AND THE REASON FOR THE RECALL
Total: 1.50
Distinguished – Thoroughly describes the product subject to recall and provides specific product details including the recall date, recall number, and the reason for the recall.
Proficient – Describes the product subject to recall and provides product details including the recall date, recall number, and the reason for the recall. The description is slightly underdeveloped.
Basic – Somewhat describes the product subject to recall and provides some product details including the recall date, recall number, and/or the reason for the recall. The description is underdeveloped.
Below Expectations – Attempts to describe the product subject to recall and provide product details including the recall date, recall number, or the reason for the recall; however, the description is significantly underdeveloped.
Non-Performance – The description of the product subject to recall is either nonexistent or lacks the components described in the assignment instructions.
ANALYZES WHETHER THE MANUFACTURER WOULD BE LIABLE FOR NEGLIGENCE IF THE PRODUCT HAD NOT BEEN RECALLED AND HAD CAUSED HARM TO A CONSUMER
Total: 2.50
Distinguished – Offers a complete analysis of whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer. Expertly applies concepts and vocabulary from the text and/or additional scholarly sources.
Proficient – Offers a mostly complete analysis of whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer. Sufficiently applies concepts and vocabulary from the text and/or additional scholarly sources. Minor details are missing.
Basic – Offers a limited analysis of whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer. Partially applies concepts and vocabulary from the text and/or additional scholarly sources. Relevant details are missing.
Below Expectations – Offers an incomplete analysis of whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer. Does not apply concepts and vocabulary from the text and/or additional scholarly sources. Significant details are missing.
Non-Performance – The analysis of whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer is either nonexistent or lacks the components described in the assignment instructions.
DISCUSSES THE NEGLIGENCE ELEMENTS IN RELATION TO THE PRODUCT RECALL
Total: 1.50
Distinguished – Provides a well-structured and highly detailed discussion of all seven of the negligence elements in relation to the product recall.
Proficient – Provides a discussion of all seven of the negligence elements in relation to the product recall. The discussion is slightly underdeveloped.
Basic – Provides a brief discussion of at least six of the negligence elements in relation to the product recall. The discussion is underdeveloped.
Below Expectations – Attempts to provide a discussion of at least six of the negligence elements in relation to the product recall; however, the discussion is significantly underdeveloped.
Non-Performance – The discussion of the negligence elements in relation to the product recall is either nonexistent or lacks the components described in the assignment
https://www.cpsc.gov/Recalls/2018/Panasonic-Recall…
BUS670.W2A1.05.2015
Description:
Total Possible Score: 10.00
DESCRIBES THE PRODUCT SUBJECT TO RECALL, INCLUDING THE RECALL DATE, RECALL NUMBER, AND THE REASON FOR THE RECALL
Total: 1.50
Distinguished – Thoroughly describes the product subject to recall and provides specific product details including the recall date, recall number, and the reason for the recall.
Proficient – Describes the product subject to recall and provides product details including the recall date, recall number, and the reason for the recall. The description is slightly underdeveloped.
Basic – Somewhat describes the product subject to recall and provides some product details including the recall date, recall number, and/or the reason for the recall. The description is underdeveloped.
Below Expectations – Attempts to describe the product subject to recall and provide product details including the recall date, recall number, or the reason for the recall; however, the description is significantly underdeveloped.
Non-Performance – The description of the product subject to recall is either nonexistent or lacks the components described in the assignment instructions.
ANALYZES WHETHER THE MANUFACTURER WOULD BE LIABLE FOR NEGLIGENCE IF THE PRODUCT HAD NOT BEEN RECALLED AND HAD CAUSED HARM TO A CONSUMER
Total: 2.50
Distinguished – Offers a complete analysis of whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer. Expertly applies concepts and vocabulary from the text and/or additional scholarly sources.
Proficient – Offers a mostly complete analysis of whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer. Sufficiently applies concepts and vocabulary from the text and/or additional scholarly sources. Minor details are missing.
Basic – Offers a limited analysis of whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer. Partially applies concepts and vocabulary from the text and/or additional scholarly sources. Relevant details are missing.
Below Expectations – Offers an incomplete analysis of whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer. Does not apply concepts and vocabulary from the text and/or additional scholarly sources. Significant details are missing.
Non-Performance – The analysis of whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer is either nonexistent or lacks the components described in the assignment instructions.
DISCUSSES THE NEGLIGENCE ELEMENTS IN RELATION TO THE PRODUCT RECALL
Total: 1.50
Distinguished – Provides a well-structured and highly detailed discussion of all seven of the negligence elements in relation to the product recall.
Proficient – Provides a discussion of all seven of the negligence elements in relation to the product recall. The discussion is slightly underdeveloped.
Basic – Provides a brief discussion of at least six of the negligence elements in relation to the product recall. The discussion is underdeveloped.
Below Expectations – Attempts to provide a discussion of at least six of the negligence elements in relation to the product recall; however, the discussion is significantly underdeveloped.
Non-Performance – The discussion of the negligence elements in relation to the product recall is either nonexistent or lacks the components described in the assignment instructions.
ANALYZES AND APPLIES A RELEVANT CONSUMER PROTECTION STATUTE IN CONJUNCTION WITH THE IDENTIFIED PRODUCT RECALL
Total: 2.50
Distinguished – Thoroughly analyzes and accurately applies a relevant consumer protection statute from the text in conjunction with the identified product recall, clearly showing the relationship between the statute and the product recall.
Proficient – Analyzes and applies a relevant consumer protection statute from the text in conjunction with the identified product recall, showing the relationship between the statute and the product recall. The analysis or application is slightly underdeveloped.
Basic – Partially analyzes and vaguely applies a relevant consumer protection statute from the text in conjunction with the identified product recall, showing a minimal relationship between the statute and the product recall. The analysis and/or application are underdeveloped.
Below Expectations – Attempts to analyze and apply a relevant consumer protection statute from the text in conjunction with the identified product recall; however, a relationship between the statute and the product recall is not demonstrated. The analysis and application are underdeveloped.
Non-Performance – The analysis and application of a relevant consumer protection statute are either nonexistent or lack the components described in the assignment instructions.
CRITICAL THINKING: EVIDENCE
Total: 0.50
Distinguished – Employs persuasive information from credible sources to develop an ample analysis or synthesis of the topic. Viewpoints of experts are scrutinized thoroughly.
Proficient – Employs applicable information from credible sources to develop an analysis of the topic.
Basic – Identifies applicable information from credible sources, but may neglect the application of such information toward the analysis of the topic.
Below Expectations – Displays information from external sources, but such information may lack credibility and/or relevance. Neglects the application of such information toward the analysis of the topic.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.
READING: RELATIONSHIP TO TEXT
Total: 0.50
Distinguished – Analyzes texts for scholarly significance and pertinence within and across the various disciplines, assessing them according to their contributions and consequences.
Proficient – Utilizes texts in the context of scholarship to expand a foundation of disciplinary knowledge and to raise and discover significant inquiries.
Basic – Employs texts with the intent and expectation of increasing knowledge.
Below Expectations – Approaches texts only within the context of assignment.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.
WRITTEN COMMUNICATION: CONTROL OF SYNTAX AND MECHANICS
Total: 0.25
Distinguished – Displays meticulous comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains no errors, and is very easy to understand.
Proficient – Displays comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains only a few minor errors, and is mostly easy to understand.
Basic – Displays basic comprehension of syntax and mechanics, such as spelling and grammar. Written work contains a few errors, which may slightly distract the reader.
Below Expectations – Fails to display basic comprehension of syntax or mechanics, such as spelling and grammar. Written work contains major errors, which distract the reader.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.
WRITTEN COMMUNICATION: APA FORMATTING
Total: 0.25
Distinguished – Accurately uses APA formatting consistently throughout the paper, title page, and reference page.
Proficient – Exhibits APA formatting throughout the paper. However, layout contains a few minor errors.
Basic – Exhibits basic knowledge of APA formatting throughout the paper. However, layout does not meet all APA requirements.
Below Expectations – Fails to exhibit basic knowledge of APA formatting. There are frequent errors, making the layout difficult to distinguish as APA.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.
WRITTEN COMMUNICATION: PAGE REQUIREMENT
Total: 0.25
Distinguished – The length of the paper is equivalent to the required number of correctly formatted pages.
Proficient – The length of the paper is nearly equivalent to the required number of correctly formatted pages.
Basic – The length of the paper is equivalent to at least three quarters of the required number of correctly formatted pages.
Below Expectations – The length of the paper is equivalent to at least one half of the required number of correctly formatted pages.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.
WRITTEN COMMUNICATION: RESOURCE REQUIREMENT
Total: 0.25
Distinguished – Uses more than the required number of scholarly sources, providing compelling evidence to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment.
Proficient – Uses required number of scholarly sources to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment.
Basic – Uses less than the required number of sources to support ideas. Some sources may not be scholarly. Most sources on the reference page are used within the body of the assignment. Citations may not be formatted correctly.
Below Expectations – Uses inadequate number of sources that provide little or no support for ideas. Sources used may not be scholarly. Most sources on the reference page are not used within the body of the assignment. Citations are not formatted correctly.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.
Solution Preview
On the 18th of January 2018, the Bed Bath & Beyond recalled one of its products, the Hudson Comforters. The product, the comforter was made of polyester and had been sold in four distinct colors which involved navy, oatmeal, and garnet. The sizes of the quilts were three which include a king size comforter, queen size and lastly twin size. Before the recall of the product, the units sold in the US alone amounted to 175,000 units, and 20 units of the comforters had also been sold in Canada,
(1,612 words)