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Negligent Tort On November 28, 2012, the U. S. Consumer Product Safety Commission (CPSC) announced the recall of 23,400 trampolines manufactured by Sportspower of Hong Kong because the metal legs of the trampoline can move out of their correct positions, poke through the trampoline's jumping area and present the risk of injuring the user by possibly "deep, penetrating puncture wounds, cuts and bruises." There is insufficient information to determine whether Sportspower would have been liable in negligence if the trampolines had not been recalled and had caused harm to a consumer. It appears that Plaintiff would be able to prove the duty of care, its breach, standard of care and falling below that standard; however, the facts of this case do not tell us enough to determine whether there was actual injury as a result of the Defendant's negligence, whether the Defendant's negligence was the actual cause of the Plaintiff's injury or whether the Defendant's negligence was the proximate cause of the Plaintiff's injury. In addition, the defenses of intervening cause, contributory negligence, comparative negligence and assumption of risk could be used by the Defendant to defeat the Plaintiff's case. At this point, we do not have sufficient information to determine whether those defenses would be successful. Fortunately for the Plaintiff, the "Substantial Product Hazards" provision of the Consumer Protection Act (15 U.S.C. § 2064) would cover this case. By manufacturing 23,400 trampolines with metal legs that could move out of position, puncture the jumping surface and cause deep and penetrating cuts, wounds and bruises to the person jumping on the trampoline, Sportspower has created a substantial risk of injury to the public. This would allow Plaintiff to use the "Substantial Product Hazards" provision of the Consumer Protection Act and the assistance of the Consumer Product Safety Commission to obtain relief from Sportspower.

Within the Federal Rules of Evidence, there are two specific types -- direct evidence and circumstantial evidence (Unit 2, n.d.). In both of these two groups, there are three types of evidence which will be discussed…

Abstract Ecommerce has its own unique advantages. However, the same has also brought with itself a number of complications on both the legal and ethical fronts. This text largely concerns itself with the various legal and ethical issues involved in the conduction of electronic commerce. Some of the legal and ethical issues that will be highlighted include, but they are not limited to, lack of uniform laws and collection of consumer information.

Small grocery store owners in Thailand are faced with the ever growing threat of foreign – owned hypermarkets. Hypermarkets are part of a global trend that threatens to destroy the small grocery store. If this trend continues the traditional market structure of Thailand might become obsolete in the future. This research explores strategies that small grocery store owners can employ to remain profitable and to survive into the future.

During the reign of Louis XIII and especially Louis XIV, the courts were alive with new Baroque music and instruments. Many new wind instruments were being created with a variety of innovations and some other…

Throughout its long and storied history, tobacco has served the various appetites of religious shamans, aristocratic noblemen, common sailors, money changers and modern-day captains of industry.

The judiciary of the United States is created as a co-equal branch of government under the United States Constitution, along with the executive and legislative branches. It is the judiciary that oversees the country's…

This research paper is concerned with several questions regarding antitrust law and intelectual property law and how the two come together. It is difficult to see the confluence at first, but the two are actually tied together extremely well. This essay, in eight sections, outlines the many different facets of the two sets of law and how they work together to contibute to increased competition.

This paper examines the balance between emergency powers, abuse of law by the state and civil liberties of people within and beyond the US. With the rising acts of terrorism, the US government has taken drastic measures in making sure that they leave nothing to chance including civil liberty of its citizenry. This paper highlights events that are landmark in erosion of civil liberty and the abuse of law by the government both in the US and beyond.

Managing Risk Assessment and Litigation in UK Physical Education Departments