Dracca Company Essay

1196 words - 5 pages

This case scenario involves the Dracca Company. This company has a standard form contract with their customers. However, this is only in the United States this contract form is valid. Currently this company is facing a dispute brought upon by a customer regarding one of Dracca’s products, the Pack-n-Play Beach Model, due to faulty clasps on the product. These faulty clasps did not lock in place, as they should have, which caused injuries to four infants. It seems that this is not the only dispute claim this company has dealt with over the past three years, there were an additional 23 claims dealt with by the arbitration process. Moreover, two Spanish-speaking consumers also tried to sue this company in a state court, but the state courts did not take the case, because of the arbitration clause in the original contract.
This case analysis will include the legal effects of the arbitration clause for consumers, information on whether the Spanish-speaking consumers will prevail in invalidating the arbitration clause, identification of all ethical concerns regarding the implementation of the arbitration clause and the overall arbitration process. In addition, this analysis will identify the ethical concerns regarding the approach Dracca took to the litigation process; along with any recommendation on the actions, Dracca can take to remedy these ethical concerns. Moreover, this analysis will include recommendations on whether the Dracca Company is responsible for the actions of the Henning’s, and more recommendations on what actions the Dracca Company can take internally and externally to resolve this dispute regarding the latest claim involving the product Pack-n-Play clasps.
Arbitration Clause

When it comes to the arbitration clause in any contract, there are a few legal implications consumers normally do not know about when signing a contract with businesses these days. According to (Bagley, 2013, p.), the arbitration clause is, “a clause that specifies that in the event of a dispute arising out of a contract, the parties will arbitrate specific issues in a stated manner.” When a consumer signs a contract with a company like Dracca, they are actually waiving his or her right to go to court, and present their case to a judge or jury. They are stating that they will agree to take his or her dispute to an arbitrator normally chosen by the company. Therefore, the outcome may not always benefit the consumer.
Even though arbitration is less costly, and time consuming than a court lawsuit, there are terms in a contract that state whether the arbitration clause is binding or non-binding. In this case, the Dracca Company has a binding arbitration clause that means that all parties involved have the duty to abide by the outcome or final decision made by the arbitrator and the courts will uphold this decision. For example, a binding arbitration is, “when both parties agree on a resolution and are bond by the arbitrator’s decision” (Bagley, 2013, p. 70)....

Find Another Essay On Dracca Company

Psychological Egoism Theory Essay

2240 words - 9 pages ambiguous on some issues. References Hinman, L. M. (2007). Ethics a Plurastic Approach, 4th edition. New York: Wadsworth Publishing Company. Hugh, L. (1988). The Truth in Psychological Egoism: Reason and Responsibility. New York : Wadsworth. Michael, S. (1978). Empirical Basis for Psychological Egoism Brainstorms. California: Bradford. p72-3. John, R. (1971). The Circumstances of Justice: Egoism in Context. Cambridge, MA: Harvard University Press. Smith, C.M. (1898). Psychological and Political Ethics. New York: Hafner Press. Feinberg, J. (1998). Psychological Egoism in Ethics: History, Theory, and Contemporary Issues. Oxford: Oxford University Press.

How Celtic Folkore has Influenced My Family

1587 words - 6 pages Every family has a unique background that influences the way they live and interact with other people. My parents, who emigrated from Ireland to the States with my three brothers in 1989, brought over their own Celtic folklore and traditions that have helped shaped the way our family operates and lives. One aspect of folklore that has helped shape my family dynamic is the Celtic cross—both its background and what role it has played in our lives

Julia Margaret Cameron

1406 words - 6 pages At a time when women were looked upon as being homemakers, wives, mothers and such the late 1850's presented a change in pace for one woman in specific. Photography was discovered in 1826 and soon after the phenomenon of photography was being experimented with and in turn brought new and different ways of photo taking not only as documenting real time, but also conceptualizing a scene in which an image would be taken. Julia Margaret Cameron will

Evaluation of School Improvement

1403 words - 6 pages The evaluation process should be progressive to incorporate overall planning, implement changes, which contribute to success. In order to focus on school climate and norms, the evaluation design must include the students, instructions, and outcomes to improve communication and building-level concerns to be address in this response. School Climate and Social Norms The school principal, other staff leaders, and personnel set the tone and the

Case Study: The Benefits of Animal Testing

1757 words - 7 pages Nine year old Amy has already had a rough start in life. She was born with an abnormal heart that hinders her everyday activities. Amy is unable to keep up with kids her own age because she often tires out easily. As a consequence, she has very little friends and is often alone. Amy is forced to take different medications everyday just to survive. Amy’s life consists of medicine, doctors, and constant hospital visits. However, Amy is due for a

Myth and Magic: Realism in "One Hundred Years of Solitude"

1531 words - 6 pages “He enjoyed his grandmother's unique way of telling stories. No matter how fantastic or improbable her statements, she always delivered them as if they were the irrefutable truth” (Wikipedia, 2011). Experiences are particular instances of one personally encountering or undergoing something and in these moments of time life changes for the best or the worst and memories are formed. These recollections such as riding your first bicycle, going to

Adiponectin: a Novel Indicator of Malnutrition and Inflammation in Hemodialysis Patients

2384 words - 10 pages Objective Protein-Energy malnutrition (PEM) and inflammation are common and overlapping conditions in hemodialysis patients which are associated with increased risk of morbidity and mortality. Adiponectin is an adipocytokine which is exclusively produced by adipose tissue. Few studies in hemodialysis patients have demonstrated that serum levels of adiponectin were significantly higher in malnourished patients compared to well-nourished ones. The

The Congo Free State: A Legacy of Apathy, Exploitation and Brutality

2298 words - 9 pages fact that in Europe, the product was fetching from two to three shillings per pound,” meaning that, since pennies were lesser in value than shillings, the company made significant profits off of the Africans’ work. According to Canisus, “The people [of nearby villages] were obliged to bring in rubber every fifteen days.” When gathered, the Africans would present their rubber to the “‘Capita,’ or headman, whose important duty it was to ensure that

Selective Exposition in The Lottery, by Shirley Jackson

1073 words - 4 pages Usually when someone hears the word “lottery” the first thing that comes to mind is a large sum of cash that people compete against highly impractical odds to win. Shirley Jackson’s story The Lottery might imply a similar conception based on the title alone, but the story is filled with unknowns never revealing exactly when and where the story takes place, or why the lottery exists; even what the lottery is isn’t revealed until the very end. Yet

Lightning

1857 words - 7 pages INTRODUCTION I remember when I was a young child; I would always be scared whenever there was a severe storm outside that included thunder and lightning. This was especially true in the hours of darkness, when you could really see the lightning. As I grew older this so-called fear of lightning turned into a fascination for this weather phenomena. One of my most vivid memories of lightning as a young man was when I was flying to Florida, the

Maryland's Ecology and Environment

1130 words - 5 pages Maryland is the 42nd largest state, making it one of the smaller states in America. It is located in the South Atlantic region on the United States eastern seaboard. Prince George's is one of twenty four counties in Maryland. It is also the geographic center of the state. Maryland has a varied climate. The state is home to a variety of different ecosystems. This is also true of Maryland’s environment, which has the Atlantic Ocean on

Similar Essays

When The Bubble Burst Essay

1539 words - 6 pages By the time I arrived state side from my second tour in the Middle East the housing bubble had already burst. I noticed a drastic change in the way that many of my friends and family were living. Several of my friends that worked in real estate had sold their boats and seconds houses. My own stock portfolio had lost a third of its value. My sister and her husband had defaulted on their home mortgage leaving them scrambling for a place to live. I

Phase Diagram Essay

4456 words - 18 pages Introduction: Chemical equilibrium is a crucial topic in Chemistry. To represent and model equilibrium, the thermodynamic concept of Free energy is usually used. For a multi-component system the Gibbs free energy is a function of Pressure, Temperature and quantity (mass, moles) of each component. If one of these parameters is changed, a state change to a more energetically favorable state will occur. This state has the lowest free energy

Revolutionary Work Of Art Essay

1890 words - 8 pages Walter Benjamin emphasizes in his essay, “The Work of Art in the Age of its Technological Reproducibility” that technology used to make an artwork has changed the way it was received, and its “aura”. Aura represents the originality and authenticity of a work of art that has not been reproduced. The Sistine Chapel in the Vatican is an example of a work that has been and truly a beacon of art. It has brought a benefit and enlightenment to the art

Enlightenment Thought In New Zealand Schools

1594 words - 6 pages In this essay I will be looking at how the political and intellectual ideas of the enlightenment have shaped New Zealand Education. I will also be discussing the perennial tension of local control versus central control of education, and how this has been affected by the political and intellectual ideas of the enlightenment. The enlightenment was an intellectual movement, which beginnings of were marked by the Glorious Revolution in Britain
Spark (1) | driver booster 6 ser | 8 Bandes adhésives réfléchissantes pour signalisation sur casque 8x2 cm