Question

Business law and ethics

Case one: (40 marks) Ben has been a loyal client to a regional toy store, BNFF, that manufactures eco-friendly toys. For his son's 4th birthday, Ben has chosen a nice remote-controlled truck. Before offering it to his son Jason, Ben has made sure to read all the warnings and instructions made by BNFF and to abide by them. There was nothing in these instructions warning consumers against outdoor use of the truck. Jason was very thrilled with his new truck and spent a whole afternoon playing with it in the garden. However, it seems that the truck went on a big stone and then on its way down has crushed against the ground. The truck has broken into several small pieces. Jason has continued though to play with the truck (broken to pieces). However, at certain point Ben has noticed that his son has become strangely calm. When checking on him, he found his son lying on the floor, looking very strange and having difficulties to breathe. After being admitted into the hospital, it turned out that Jason had

Answer 1

a. No. An intentional tort would be one in which the manufacturer has intentionally done wrong. In this case, the manufacturer has not done anything incorrect intentionally. Neither has the manufacturer hidden any sensitive and important information, nor has it knowingly caused harmed. Therefore, Ben cannot sue BNFF based on intentional tort for damage to his son including for the medical fees.

b. Yes, Ben could in such a case, sue the manufacturer for not having provided any instructions restricting outdoor use of the remote truck. The manufacturer ought to have specified on the packaging, that the toy truck was not meant to be played outdoors and it was for indoor play only. Also, that there must be a continuous monitoring on children while they are playing with it.