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Businesses are formed to undertake production of goods and services to the public, who are customers and consumers of the company products. The public entrusts the companies to produce quality goods and services as prescribed and as producers have stated in their description statements regarding goods or services. However, the businesses may fail to fulfill or to act as per descriptions they have contracted themselves into. The resultant is that the customers may use products or services assuming that they are safe, according to the description, therefore, causing much harm to them (Keenan, & Riches, 2007). These acts, where the businesses produce goods or services differing from descriptions, are called tortuous acts. They are covered by the law of torts that in turn covers innocent individuals, who have been harmed by these products or services. Negligence is a type of tortuous act, where the producer does not do what he/she is expected to do but undertakes the process wrong, sometimes knowingly. Upon the consumption of these goods and being harmed, the customers can claim for damages from the court following the legal actions (Wade, 2001). This paper looks at the case of Kylie and Choc Deluxe, a company involved in production of chocolates. Kylie has an allergy for nuts. That is why she prefers chocolates of this company as they do not contain nuts. Kylie has received a large box of her favorite chocolates from the company for Easter and upon consumption she suffers severe anaphylactic shock and is taken to the hospital. This paper advises the company on the matter and how it is supposed to be treated lawfully.
Business operations are supposed to be standardized and every measure is taken in order to make sure that the described statements and details of a particular product are followed. Having read carefully the descriptions of the Choc Deluxe product, Kylie decided to be consuming them instead of products of other companies, which contain nuts. The issue of Kylie suffering from anaphylactic shock shows that the company manufactured chocolates with nuts, which severely affected the musician. The law states that business is responsible for any damages that are incurred by customers as a result of its negligence in production. Having put the ingredients and the contents of the chocolates on their covers, the business has entered into an agreement with customers that the products are safe. Kylie has consumed chocolates from a box of Choc Deluxe as usually but she did not read the description on the large box she received. Maybe the company has changed the content of product. The admission of Kylie to the hospital as a result of her collapsing does not specify as to what was the cause of this admission. Choc Delux Company has a lot of factual standings to defend itself in the court of law if any allegations are pressed against it by Kylie. Having produced the chocolates and packed them as it is in its culture, having written the descriptions and details well on the box of chocolates, the company was not liable for any damages (Keenan, & Riches, 2007).
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According to the law of negligence, however, the seller of the product that may be held liable for any harm caused by the product to the buyer and required to pay for the damages, is protected by the exemption clause (Owen, 2002). The exemption clause makes the seller not to pay damages on the areas where he/she can provide enough evidence that what happened had nothing to do with his/her activities and was not intentional. Choc Deluxe Company has manufactured the chocolates for its customers in good faith and was supposed to get positive response from the customer that will create positive reputation of the business. If the box of chocolates delivered to Kyle by the company was not tampered with on the way, the chocolates inside are supposed to be of the quality they were manufactured in. If the box was tampered with on the way, in the chocolates might have been put some substances, which do not relate to the company’s manufacturing processes (MacIntyre, 2008). With regard that Kylie is a musician, there may be some people who are her rivals in the industry and may have wanted to do anything possible in order for her not to attend the series of planned events, which will make her top the list. Therefore, Choc Deluxe Company should be held liable and should not accept to pay for the damages and misfortunes incurred by Kylie both on her health and career. Furthermore, she has been consuming the product of the company for a long time and there was no harm caused to her by the product. The resultant of the harm caused by the product has nothing to do with the company’s affairs and it itself should thoroughly make sure that it remains innocent as it is (Bell, & Connell, 1997).
In conclusion, business affairs are supposed to be taken very seriously and the due processes taken in the production of goods and services. It is because these goods and services matter a lot when it comes to the public and consumer matters. The contents and full details of the products being sold should be stated on the covers of those products if these are consumables and on the agreement notes if these are unwrapped goods. The statements should be written in an unambiguous manner that everyone sees and reads clearly. However, the seller should not be held liable for any misunderstanding or misinterpretation done by the buyer while acquiring the goods or services. The buyer is supposed to read and understand the contents of goods and services before accepting to use or acquire them (Grady, 2003).
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