BUS FPX 3021 Assessment 2 Case Law Analysis and Executive Briefing

BUS FPX 3021 Assessment 2 Case Law Analysis and Executive Briefing

Name

Capella university

BUS-FPX3021 Fundamentals of Business Law

Prof. Name

Date

Parties:

Donald C. MacPherson and Buick Motor Company

Court and Date Decided:

New York Court of Appeals (Decided March 14, 1916)

Background Facts:

MacPherson filed a lawsuit against Buick Motor Co. for injuries sustained due to a collapsed wheel of a 1909 Buick Runabout he purchased from a dealer who acquired the vehicle from Buick Motor Co. The court found that while the wheel was not manufactured by Buick Motor Co., a reasonable inspection by the company would have revealed its defects. Buick Motor Co. argued that the dealer was liable, but the court held that as a manufacturer, Buick Motor Co. had a stricter duty to ensure the safety of its final product.

Specific Disagreement and Ruling of the Court:

The majority decision, led by Judge Cardozo, determined whether Buick Motor Co. owed a duty of care beyond the immediate purchaser. Drawing on precedent, the court distinguished between inherently dangerous items and those rendered imminently dangerous due to negligent manufacturing. It held that Buick Motor Co. was aware that improperly produced vehicles posed a significant threat and thus had a duty to conduct tests to ensure safety. The dissenting opinion, represented by Chief Judge Bartlett, argued that the manufacturer of the faulty wheel should be held liable, absolving Buick Motor Co. of responsibility.

Conclusion – Importance to Business Law and Ethical Implications:

This ruling, although from 1916, remains relevant in understanding corporate liability. It establishes that companies are liable for products sold to consumers, regardless of component sourcing. This underscores the importance of stringent quality control measures. Zipursky and Goldberg (2016) stress the ethical obligation of companies to prioritize consumer safety. Upholding the defendant’s argument would have set a precedent relieving manufacturers of liability once products are sold to intermediaries, a notion contrary to ethical business practices. The dissenting opinion, if enforceable today, could lead to egregious consequences, allowing corporations to evade liability through corporate structuring. However, ethical conduct not only aligns with societal values but also enhances long-term profitability.

References:

MacPherson v Buick Motor Co. 217 N.Y. 382, 111 N.E. 1050 (1916)
Zipursky, B. C., & Goldberg, J. C. P. (2016). The Myths of Macpherson. FLASH: The Fordham Law Archive of Scholarship and History. https://ir.lawnet.fordham.edu/faculty_scholarship/896/

ADDITIONAL INSTRUCTIONS FOR THE CLASS

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• Discussion Questions (DQ)

Initial responses to the DQ should address all components of the questions asked, including a minimum of one scholarly source, and be at least 250 words. Successful responses are substantive (i.e., add something new to the discussion, engage others in the discussion, well-developed idea) and include at least one scholarly source. One or two-sentence responses, simple statements of agreement or “good post,” and responses that are off-topic will not count as substantive. Substantive responses should be at least 150 words. I encourage you to incorporate the readings from the week (as applicable) into your responses. BUS FPX 3021 Assessment 2 Case Law Analysis and Executive Briefing

• Weekly Participation

Your initial responses to the mandatory DQ do not count toward participation and are graded separately. In addition to the DQ responses, you must post at least one reply to peers (or me) on three separate days, for a total of three replies. Participation posts do not require a scholarly source/citation (unless you cite someone else’s work). Part of your weekly participation includes viewing the weekly announcement and attesting to watching it in the comments. These announcements are made to ensure you understand everything that is due during the week. BUS FPX 3021 Assessment 2 Case Law Analysis and Executive Briefing

• APA Format and Writing Quality

Familiarize yourself with the APA format and practice using it correctly. It is used for most writing assignments for your degree. Visit the Writing Center in the Student Success Center, under the Resources tab in Loud-cloud for APA paper templates, citation examples, tips, etc. Points will be deducted for poor use of APA format or absence of APA format (if required). Cite all sources of information! When in doubt, cite the source. Paraphrasing also requires a citation. I highly recommend using the APA Publication Manual, 6th edition.

• Use of Direct Quotes

I discourage over-utilization of direct quotes in DQs and assignments at the Master’s level and deduct points accordingly. As Masters’ level students, it is important that you be able to critically analyze and interpret information from journal articles and other resources. Simply restating someone else’s words does not demonstrate an understanding of the content or critical analysis of the content. It is best to paraphrase content and cite your source. BUS FPX 3021 Assessment 2 Case Law Analysis and Executive Briefing

• LopesWrite Policy

For assignments that need to be submitted to Lopes Write, please be sure you have received your report and Similarity Index (SI) percentage BEFORE you do a “final submit” to me. Once you have received your report, please review it. This report will show you grammatical, punctuation, and spelling errors that can easily be fixed. Take the extra few minutes to review instead of getting counted off for these mistakes. Review your similarities. Did you forget to cite something? Did you not paraphrase well enough? Is your paper made up of someone else’s thoughts more than your own? Visit the Writing Center in the Student Success Center, under the Resources tab in Loud-cloud for tips on improving your paper and SI score. BUS FPX 3021 Assessment 2 Case Law Analysis and Executive Briefing

• Late Policy

The university’s policy on late assignments is a 10% penalty PER DAY LATE. This also applies to late DQ replies. Please communicate with me if you anticipate having to submit an assignment late. I am happy to be flexible, with advance notice. We may be able to work out an extension based on extenuating circumstances. If you do not communicate with me before submitting an assignment late, the GCU late policy will be in effect. I do not accept assignments that are two or more weeks late unless we have worked out an extension. As per policy, no assignments are accepted after the last day of class. Any assignment submitted after midnight on the last day of class will not be accepted for grading. BUS FPX 3021 Assessment 2 Case Law Analysis and Executive Briefing

• Communication

Communication is so very important. There are multiple ways to communicate with me: Questions to Instructor Forum: This is a great place to ask course content or assignment questions. If you have a question, there is a good chance one of your peers does as well. This is a public forum for the class. Individual Forum: This is a private forum to ask me questions or send me messages. This will be checked at least once every 24 hours. BUS FPX 3021 Assessment 2 Case Law Analysis and Executive Briefing

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We will process your orders through multiple stages and checks to ensure that what we are delivering to you, in the end, is something that is precise as you envisioned it. All of our essay writing service products are 100% original, ensuring that there is no plagiarism in them. The sources are well-researched and cited so it is interesting. Our goal is to help as many students as possible with their assignments, i.e. our prices are affordable and services premium. BUS FPX 3021 Assessment 2 Case Law Analysis and Executive Briefing

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