DUE IN 24 HOURS
ATTACHED
4 REPLIES
BMGT DISC
General Instructions for Discussion Responses to Classmates
Create a new thread for each posting.
Use correct, complete sentences, in paragraph format, unless otherwise instructed.
Use assigned course materials to complete discussion responses.
Use in-text citations and a Reference List in APA format to cite the course resource(s) used – an in-text citation cannot exist without a corresponding Reference List, and a Reference List cannot exist without a corresponding in-text citation.
Post responses here in public discussion forum.
Put the following in the subject line: Discussion + your name.
Address each classmate by name, and sign your name to each posting, please.
Write in-depth, comprehensive responses that promote further discussion beyond merely agreeing/disagreeing – refer to the “
Winning Discussion Responses”
module in Content for examples.
Tips for Formatting and Structuring Parts 1 and 2:
· Write in complete sentences in paragraph format.
· Use in-text citations citing to relevant assignment materials.
· Label parts as appropriate.
· Double-space; 12-point Arial or Times Roman font.
· Introductory Sentence: Begin with an introductory sentence or very brief paragraph that states your conclusion to the questions asked.
· Concluding Sentence: End the discussion with a concluding sentence or a very brief paragraph that summarizes your conclusion/what you discussed.
· Support Arguments and Positions: Please refer to the module in Content, “How to Support Arguments and Positions”.
Part 2:
React to a minimum of 2 colleague’s comments.
CHERIE’S POST:
(1) What is the difference between the implied warranty of merchantability and the implied warranty of fitness for a particular purpose?
· An implied warranty of merchantability is defined in U.C.C. § 2-314. U.C.C. § 2-314(1) states that unless excluded or modified, a warranty that goods shall be merchantable is implied in a contract for sale if the seller is a merchant with respect to goods of that kind.
· An implied warranty of fitness for particular purpose is where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.
(2) Analyze and explain specifically
how and why
Clean could be sued for breach of implied warranty of merchantability for using EPI cleaning products to clean Clean’s clients’ commercial property.
Could Clean be sued for breach of implied warranty of of merchantability for using EPI cleaning products to clean Clean’s clients’ commercial property?
Clean is aware that their product contains a toxic chemical that causes mold, therefore it is not fit to be used and they are intentionally disregarding the potential damage and in effect are causing damage.
Clean could be sued for breach of implied warranty of of merchantability for using EPI cleaning products to clean Clean’s clients’ commercial property due to the fact they are aware of the toxic chemicals in their cleaning products and continue to use the toxic products without regard to the damage they can cause.
CHRISTINE’S POST:
(1) What is the difference between the implied warranty of merchantability and the implied warranty of fitness for a particular purpose?
ANS:
An implied warranty is an assurance that a product is fit for its intended purpose. Merchantability says that a product will meet reasonable expectations of the buyer, while fitness means the product meets the buyer’s intended use. An implied warranty of merchantability is a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. (Legal information institute, 1992). While Implied warranty of fitness for a particular purpose, the buyer relays on the sellers’ skills and judgement to select or furnish suitable goods unless excluded or modified. (Legal information institute, 1992).
(2) Analyze and explain specifically how and why Clean could be sued for breach of implied warranty of merchantability for using EPI cleaning products to clean Clean’s clients’ commercial property. `
ANS: Under product liability, Clean could be sued for breach of implied warranty of merchantability for using EPI cleaning products to clean Clean’s clients’ commercial property. In order to make the product effective and safe for consumption by the users, it must be designed in a way that is safe for its purposeful use. The management of the company should ensure that the product is inspected and tested at varying stages, accumulated carefully and produced from the proper materials before using the product at their client’s commercial property. The product’s container should be available, adequate and the proper warnings and instructions should be communicated to the users of the product. (Exploring warranty and product liability). The manufacturer advises the seller of the product not to misrepresent the safety and the character of the product and should reveal all the products defects. Under product law and warranty, the seller is liable for any defective product and if the product fails to meet the intended standards.
Legal Information Institute, (1992), Welcome LII,
LII / Legal Information Institute (cornell.edu
Legal Information Institute (1992), Implied Warranty: Merchantability; Usage of Trade,
§ 2-314. Implied Warranty: Merchantability; Usage of Trade. | Uniform Commercial Code | US Law | LII / Legal Information Institute (cornell.edu)
FindLaw (2017), Product Liability: Manufacturing Defects vs Design Defects, The Law Governing Defective Products
Product Liability: Manufacturing Defects vs. Design Defects – FindLaw
AASP DISC
FEEDBACK FROM PREVIOUS WORK THAT MUST BE FOLLOWED IN ORDER TO PASS
Overall Feedback
Thank you for your participation. Below you will find a few comments that will help with improving your posts and raising your scores in the future:
1. Make sure that you are using course readings first before consulting outside sources. These readings are required reading by all students in the course and the weekly discussion questions offer you the opportunity to display your comprehension of these readings.
2. Good engagement with your peers, but continue to work on expanding those posts using the tips provided during Week 1.
3. Be careful of making generalizations that are not supported by evidence and that are in fact inaccurate. A number of these generalizations can be found in your posts. For example, you note in one of your posts that “[b]lack people were poorer than the whites.” This could be true in some places at some times, but this was not necessarily true at all times, particularly in the earliest days of settlement when indentured servants, black and white, worked alongside each other and occupied similar a social/class status in society.
AHMIR’S POST:
Slavery is the plague of any society. Similarly, it had crushed the African-Americans in the United States. The most important human right that was denied to the African-Americans along with other rights was education. But after the era of slavery, they were allowed to get an education as any other but in segregation. “W.E.B. Du Bois” was a pivotal influence in African-American education and the ideology of the twentieth-century civil rights movement. Many institutes and bodies came at the front to oversee the issues and balance the requirements of the situation as was needed after slavery. Freedmen’s Bureau also aided in keeping a check on the schools for black people as they had a thirst for getting the education to break free from the illegal disparities in the United States (Du Bois, 1903). Booker T also strived for the education of African-Americans, but Du Bois and he had different insights into it. At the same time, segregation was forced upon black people by the use of “Jim Crows Law” (Pilgirm, 2000).
The goal of Washington was to reintegrate Black men and women into their communities so that they could offer their own experiences. He felt that education, which is built on the notion of student involvement, might bring about “social regeneration of mankind.” Du Bois was affected by the formal schooling he obtained and his experiences in Great Britain. Washington was a proponent of vocational education, or, as it is more often known now, “industrial education”. Du Bois advocated for Blacks to have a liberal education (Glascoe, 2017). He saw academia as a symbol of black triumph against oppression. Du Bois urged African-Americans to obtain the education as much as they can in their life. If we look at these strategies both could be used in the light of “Jim Crows Law” to obtain maximum education in the pattern of the industrial education to make black people equally educated in the society like others.
References
Du Bois, W. (1903). The Souls of Black Folks. Of Our Spiritual Strivings. Chicago: AC McClurg and Co.
Pilgrim, D. (2000). What was jim crow. Ferris State University, 16, 2007.
Glascoe, M. G. (2017). WEB Du Bois: His evolving theory of education. In WEB Du Bois (pp. 431-448). Routledge.
ANTONIA’S POST:
Lynching in American can be dated back to the 1830s and were mostly consisting of hanging African Americans due to suspicion of uprising against slave owners. After the civil war and into the Reconstruction era is when there is an increase in lynching African Americans. Southern whites become infuriated at the fact that black people were legally as equal as them and have the right to vote so they brutally attack them and often kill them purely out of anger. It wasn’t until the early 1900s when lynching became widespread in America and the reason for this is manly accusing black men of being dangerous and sexual aggressors against white women, ultimately it was to have control over black people by instilling fear.
Ida B. Wells was a forerunner when it came to speaking out against the lynching’s against African American men, women, and children in America. She wrote many articles informing black people of the terrors happening against them in Memphis, Tennessee and then later published her work to inform the rest of American of this injustice to raise awareness and protest against it. One of Mrs. Wells work called, Red Record: Tabulated Statistics and Alleged Causes of Lynching in the United States, she debunks the alleged reasons why southern whites are lynching black people. The first reason why white people in the south alleged why they were lynching was because they were stopping “race riots”. She states that “It was always a remarkable feature in these insurrections and riots that only Negroes were killed during the rioting, and that all the white men escaped unharmed.” If these so-called riots were being organized by black people, why was there no court documents or any filings against anyone? As it was becoming harder to prove this to be true another reason surfaced for these lynching against black people. This time southern whites did not want any black people having the right to vote or any type of control over the government, thus creating the banner for the south “No negro domination”. After using lynching’s as a way to instill fear into black people from voting then came the excuse of black men being dangerous and sexual aggressors. As stated in Mrs. Wells writing, “With the Southern white man, any mesalliance existing between a white woman and a colored man is a sufficient foundation for the charge of rape.” There was a belief that no white women could possibly find herself with a black man unless she was forced. With this excuse, there were thousands of black men, women and children were killed brutally and most of the time having the bodies mutilated even after death. Thomas Miles was lynched for allegedly writing to a white woman, asking her out for drinks, in Louisiana in 1912. This is what was consider sexual assault against a white woman. In 1901, Ballie Crutchfield was lynched because her brother alleged stole a wallet and after not successfully lynching him, she was killed in his place. Clearly no crime had to be committed to be lynched during these times. This caused many black people to live in a constant state of fear. Often times when black people felt that there was no escaping the lynching in the South, they would move up North or West to get away from it. Southern whites would even go as far as lynching a whole black community to drive them out of area simply because of not wanting them to be there.
“Red Record: Tabulated Statistics and Alleged Causes of Lynching in the United States.” The Project Gutenberg eBook of The Red Record:, by Ida B. Wells-Barnett. Accessed January 28, 2022. https://www.gutenberg.org/files/14977/14977-h/14977-h.htm.
EJI. “LYNCHING IN AMERICA Confronting the Legacy of Racial Terror.” Accessed January 28, 2022. https://eji.org/wp-content/uploads/2005/11/lynching-in-america-3d-ed-110121
