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Business & Marketing
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Essay
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English (U.S.)
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Topic:

Business law snowboards Manufacturer

Essay Instructions:
Powdersurf is a manufacturer of snowboards. Powdersurf is an aggressive marketer, and new to this product line. Powdersurf has adopted several strategies to help it rapidly build market share. One approach was to make the designs and graphics of some of its snowboards nearly identical to those of the industry leader's snowboards. In addition, Powdersurf has begun an advertising campaign that criticizes its competitor's products. For example, it has made several claims, known to be false, about the materials used in the competitor's boards. It has also made claims about a tendency of one competitor's boards to break during use. This was based on an independent lab's report that later proved to be false. Lastly, Powdersurf made several allegations about the president of the leading competitor, primarily claiming that this well-known snowboarding pioneer had not accomplished all that he claimed. Powdersurf believed that its allegations were correct, but it turned out that they were wrong. Discuss any tort claims that might be brought against Powdersurf and their likely resolution. 2. Smith purchased the latest kitchen counter top appliance, the Wonderslicer. It was designed to slice any type of dry food with amazing speed in a variety of settings. In the owner's manual that came with the Wonderslicer it clearly warned that it should not be used on wet food. The Wonderslicer itself contained a warning to read the owner's manual. Smith's 10-year-old daughter used the Wonderslicer to slice some oranges. In the process, she received a severe electrical shock which caused burns to her hand.
Essay Sample Content Preview:

Business Law
Name:
Institution

Business law
From the information of the Powdersurf given, it suffices to state that what the Powdersurf is doing is a sign of intentional torts. This case is under the classification of the conduct-causing harm with full awareness of the actor in causing harm or risks. Powdersurf's intent is to paralyze snowboard’s projects by making their products and theirs look similar. Though this might not be a criminal intent, Powdersurf might be brought the tort claims of intentional interference with business. However, the claims on these theories often results in failure since proving the necessary knowledge might be difficult. Then there is the claim of intentional torts of defamation. In this case, the Powersurf made allegations against the president of the leading competitor. This law might be complicated because the allegation is against the president of the competitor. The statement made might be false, but it is under the protection by the first amendment, and hence, the plaintiff must...
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