Acme Electronics Case Essay

3597 Words Apr 21st, 2012 15 Pages
Acme Electronics Case

Date: March 6, 2012
To: Jetson, on behalf of Acme Electronics
From: Team 4 Consulting Firm
Re: Legal and statistical evaluation of problems facing Acme

Per your request, we have assembled a report with a legal and statistical evaluation of the problems facing Acme. If you have any questions, feel free to contact us at any time.

Group 4: Acme Electronics Case

Executive Summary

This report is dealing with the case of ACME Electronics vs. Otto Gunter. Gunter purchased a computer from ACME Electronics in 2002. In 2004, the hard drive crashed and he brought it in to ACME Electronics to have it replaced, as well
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APPLICATION: The Prima Facie Case for negligence.
Conduct: indicates Affirmative action (doing something) or Omission (failing to act). Certainly Acme did replace the damaged hard drive, installed a new one, and returned the old hard drive to Gunter. However, Acme failed to return the original hard drive to Gunter, which made Acme negligent of failing to return the original hard drive to Gunter.
Duty:
1. Standard of care, Acme should have acted in a way that Gunter would not be exposed to injury of losing the hard drive. For example, Acme should have properly identified each hard drive so they would be able to return each hard drive to the correct person.
2. To whom the duty is owed? The defendant, in this case Acme, owns a duty to Gunter. According to Mallor’s business law book, “the defendant owed the plaintiff a duty of reasonable care if the plaintiff was among those who would foreseeably be a risk of harm stemming from the defendant’s activities or conduct…” there is a special relationship between Acme and Gunter that would logically call for duty from Acme to Gunter. However,

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