CONSUMER LAW Essay Example | Topics and Well Written Essays - 1000 words

CONSUMER LAW - Essay Example Despite the defence offered by the respondent the court of appeal found in favour of the claimant on the basis of strict liability, even though the court accepted that the respondent had not been negligent. (a) the product could not be regarded as defective as there had been no previous instances of this type and therefore they had no reason to believe that there was any need to change the design to prevent such a thing from happening the state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same description as the product in question might be expected to have discovered the defect if it had existed in his products while they were under his control In the first hearing the court held Mothercare liable for the injuries and also rejected any claim for contributory negligence on the part of the claimant. It was not made clear at the first hearing whether the ruling had been based on negligence or strict liability or both which led to Mothercare lodging an appeal. At the appeal hearing the court clarified the position, stating that the ruling was based on the defectiveness of the product and not the negligence of the producer. The appeal court rejected the defence offered under s4(1)(e) of the CPA 1987 in relation to the development risk defence. In reaching their decision the court found that Mothercare had not breached their duty of care to the claimant and that no prudent producer could have anticipated the risk. Liability therefore hinged on determining whether the product could be deemed to be defective. (1) Subject to the following provisions of this section, there is a defect in a product for the purposes of this Part if the safety of the product is not such as persons generally are entitled to expect; and for those purposes "safety", in relation to a product, shall include safety with respect to products comprised in that product and safety in

Apache Metals, Inc. Case Study Essay Example | Topics and Well Written Essays - 1500 words

Apache Metals, Inc. Case Study - Essay Example The fact that project managers can come from anywhere within the company is causing the problems experience in the company. Not everyone can act as a project manager because the work is technical and it requires special skills for a company to achieve excellence (Heerkens, 2007). The assigned project leaders in this company take care of too many projects at the same time, which causes inconveniences for the firm. It is not possible for a project leader to deal with as many as ten orders because each order requires considerable amount of time to be accomplished effectively. The company at one time appointed trainees to oversee the running of the operations leading to poor results. Financiers analyze projects and their management to determine the need to offer funding for the company. Therefore, it is important that directors of Apache Metals concentrate on project management to receive the funding. Literature and research review Apache Metals seems has been failing on its project mana gement and it is only after failing miserably that the company began to take keen interest on project management. Project management involves planning, organizing, and managing resources in the most effective and efficient manner to achieve stated goals for the company (Lock, 2007). A company’s board of directors is involved in determining the best people that can execute the project and appointing the project managers. Successful project managers should ensure that they manage resources, time, scope, and the finance of the project efficiently (Lock, 2007). These elements are essential in ensuring the company gets funds other projects and renewed contracts because of good management of the above elements. The scope of the project involves the objectives of the project and the budget in terms of money and time for achieving the stated objectives (Rosen, 2004). Not every person in the company can be a project leader because of the skills required in the job. A project manager s hould have the right people and communication skills in order to achieve the stated goals effectively. The board of directors should scrutinize the existing personnel thoroughly in order to recruit the required people in the project management team (Rosen, 2004). A project is often a short endeavor and thus mistakes are unacceptable because they can ruin the image of the rest of the company. Project managers have a vision and their aim is to share the vision with other members executing the project. The company can improve the effectiveness of these project leaders through providing formal training for them and their members. In addition to training project managers, they also need to be at the center of the organization’s concern. Project managers have a greater task of defining the project and executing it and hence they require support from the entire organization to accomplish their goals (Rosen, 2004). Project managers need to have expertise and experience in the field a nd thus, junior trainees cannot work effectively as project leaders. Project managers need team building and problem solving skills in order to execute the project effectively. Thus, to achieve funding for other projects, directors should ensure they have a working project team in place. Analysis The board of directors of the company is responsible for electing the senior