ADM 477 Fit for Human Consumption Discussion
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
ADM 477 Fit for Human Consumption Discussion
ADM-477: Business Law
Getting Started
In April, Martha Smith purchased a 4-ounce bag of York’s baked banana chips from the York’s Fresh Market grocery store. York’s grows, prepares, and sells vegan snacks to its customers with the packaging statement, “Prepared with the cleanest, freshest ingredients.” Within 48 hours of eating the bag of banana chips, Martha became extremely ill with gastrointestinal pain. Martha was hospitalized and diagnosed with a serious Salmonella infection. Within a week, numerous other customers became ill with similar symptoms.
Upon closer investigation, the Salmonella outbreak was tracked back to tainted banana chips that were prepared and sold at York’s local food processing plant. York’s Fresh Market has since pulled the product from the shelves and instituted a product recall for the bags already sold to consumers. Martha’s estimated damages resulting from the infection and hospitalization are expected to exceed $80,000. What recourse does Martha have under the UCC breach of warranty provision?
Martha can sue for breach of express because the banana chips did not meet the quality standards advertised by York’s. York’s stated that its food was “prepared with the cleanest, freshest ingredients.” York’s therefore made an express warranty that the food could be safely consumed and that it was free of pathogenic bacteria like Salmonella.
Martha can sue for breach of implied warranty, as well. Companies have a duty to inspect their products for both quality and safety. Because York’s Fresh Market is a merchant involved in both manufacturing and selling vegan snacks, it makes an implied warranty to its customers that the food products are fit for human consumption.
Upon successful completion of the course material, you will be able to:
Describe the applicability of the Uniform Commercial Code (UCC) to contracts for the sale of goods.
Resources
Textbook: The Legal Environment of Business
Media: Contract Law
Video & Transcript: Tire Investigation Update: Feds Say Recall System ‘Completely Broken’
Video & Transcript: DirecTV Fine Print Leads to 1 Extraordinary Bill
Background Information
The goal of the UCC is to promote uniformity in laws among states governing contracts for the sale of goods. The UCC also imposes good faith and fair dealing requirements on merchants—sellers who deal of goods of that kind. The UCC imposes four warranties on sellers of goods:
Warranty of title: a promise that the seller has legitimate title to the goods being sold to the buyer
Express warranty: a promise (oral or written) made by the seller regarding the nature of the goods being sold to the buyer
Implied warranty of merchantability: seller’s promise to a buyer that the goods are fit for the ordinary purpose for which they will be used
Implied warranty of fitness for a particular purpose: an implied warranty by the seller that the goods are fit for the purpose for which they are being sold
Instructions
In your textbook, The Legal Environment of Business, read Chapter 11, “Domestic and International Sales.”
Review the media “Contract Law.”
View the following videos:
“Tire Investigation Update: Feds Say Recall System ‘Completely Broken’” (Transcript of the “Tire Investigation Update…” video.)
“DirecTV Fine Print Leads to 1 Extraordinary Bill” (Transcript of the “DirecTV…” video.)
Locate and research a case involving the Uniform Commercial Code’s implied warranty of fitness for human consumption.
Navigate to the threaded discussion and respond to the following prompts:
Briefly comment on the facts of the case you selected including any market or marketing actions relevant to the case, the question(s) of law before the court, the court’s ruling, and why you either support or oppose the court’s ruling.
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. 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Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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