Federal trade commission could seek voluntary agreement

Assignment Help Operation Management
Reference no: EM132183221

1. Porter &Dietsch, Inc., marketed a weight-loss pill. The advertisements stated that users could eat whatever they wanted and still slim down, no starvation dieting was necessary and weight loss could be accomplished without suffering through boring diets. In fact, use of the tablet had very little effect without also following a severely restricted calorie diet. Which of the following are possible consequences?

The Federal Trade Commission could seek a voluntary agreement with Porter &Dietsch or issue a “cease and desist” order.

So long as at least one person lost weight using the pills on a reasonable diet, Porter &Dietsch will not be held liable.

The rule of caveat emptor applies since the buyer has full opportunity to make an examination of the pills before beginning any diet.

Any person who took the pills and did not lose weight could sue Porter &Dietsch under the usury laws.

2. A mechanic was attending to an automobile that had defects. In the process of trying to fix the defect, the mechanic was injured. What is the mechanic’s position in relation to the injury?

One who does not have a contractual relationship can still sue on the theory of breach of warranty; hence, the mechanic can sue the company.

The rule of caveat emptor applies since the buyer has had the full opportunity to make an examination of the goods that would disclose the existence of any defect.

There can be no suit for breach of warranty unless privacy of contract exists between the plaintiff and the defendant.

The mechanic cannot file a suit since, in the absence of fraud on the part of the seller, the maxim called caveat emptor applies, putting the onus back on the buyer and not on the seller.

3. Sperry Rand contracted with Industrial Supply Co. to supply Industrial with upgraded computers and inventory control systems. An employee of Sperry Rand spent several days at the Industrial facility to better understand their processes and design the inventory control system to Industrial’s needs. Actually, the Sperry Rand employee copied existing software already produced by Codex, Inc., and Industrial was found liable for infringing Codex’s software patent. Which of the following is true regarding Sperry Rand and Industrial?

Industrial is not liable to Sperry Rand because Industrial breached its implied warranty against infringement in giving Sperry Rand specific instructions regarding its software needs.

Sperry Rand is not liable to Industrial because Industrial received value in the transaction.

Sperry Rand is liable to Industrial because suppliers of computer equipment may be held strictly liable.

Sperry Rand is liable to Industrial because Sperry Rand breached its implied warranty against infringement in supplying Industrial with Codex’s software.

Reference no: EM132183221

Questions Cloud

Distinguish between your job values-attitudes and moods : Think about your own work experiences and/or current job. Can you distinguish between your job values, attitudes and moods?
Describe group situation where conflict occurred : Using what you know from this week's work, describe a group situation where conflict occurred. Was it functional or dysfunctional? Explain your decision.
What are pros-cons-risks associated with marketing strategy : What are pros, cons, and risks associated with Nike’s core marketing strategy? How have they managed to develop strong customer relationship with target market?
How does base pay affect motivation : Maslow's hierarchy of needs: In your opinion, is this theory generally true? Why/why not? According to Maslow, how does base pay affect motivation?
Federal trade commission could seek voluntary agreement : The Federal Trade Commission could seek a voluntary agreement with Porter &Dietsch or issue a “cease and desist” order.
Business leaders with executive excellence awards : In February of 2016, Seattle Business magazine honored 14 local business leaders with “Executive Excellence Awards.”
Incorporating external influences that impact business : Write an essay incorporating the external influences that impact business.
Guide to the project management body of knowledge : Compare and contrast all of the types of contracts listed in A Guide to the Project Management Body of Knowledge (PMBOK® Guide), Sixth Edition.
What is the role of accreditation in ensuring patient safety : What is the role of accreditation in ensuring patient safety?

Reviews

Write a Review

 

Operation Management Questions & Answers

  Which is to match information processing capacity to demand

The motivation behind most network-centric design strategies is to decrease the path distance that information must travel between individuals in a network.

  Prepares tax returns for customers

Rob D. Store is an accountant who prepares tax returns for customers who submit their income information via the Internet.

  Identify professional development need

For this portion of the Final Project, you will conduct a needs assessment to identify a professional development need.

  An activity has an early start-eary finish

An activity has an early start (ES) of day 3, a late start (LS) of day 13, an eary finish (EF) of day 9, and a late finish (LF) of day 19. The activity: Is progresssing well. Is not on the critical path.

  Grid seminars are training and development programs

Grid seminars are training and development programs that make use of the styles approach.

  The term psychological empowerment

The term psychological empowerment describes how the intrinsic motivation and self-efficacy of people are influenced by leadership behavior, job characteristics, organization structure, and their own needs and values. Explain to Adjunct Faculty that ..

  Describe the disaster recovery and business continuity plans

Content should include, but not be limited to: selecting the DR. team, assessing risks and impacts, prioritizing systems and functions for recovery.

  Discuss how to increase a team''s potential to survive

Discuss a, b, c, d, and e fully and separately: (a) the phases of a team life cycle; (b) why teams lose momentum; (c) how to increase a team's potential to survive, be productive, and flourish in the long term

  Research articles on confidence interval and its application

Give your opinion as to whether or not the utilization of such a technique improves business process for the company or organization that you selected.

  Calculate the process capability index for this example

A metal fabricator produces connecting rods with an outer diameter that has a 1 ± 0.02 inch specification. A machine operator takes several sample measurements over time and determines the sample mean outer diameter to be 1.004 inches with a standard..

  Explains why people are poor in american society

Which theory do you think best explains why people are poor in American society? Why?

  Estimate the standard time for mentioned task

Assume that during the performing their task, there is no mental strain, monotony and repetitiveness. Estimate the standard time for mentioned task.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd