Commercial Law

[Name of the Institute]

Commercial Law

Scenario 1

A car manufacturer is sued because the vehicles they manufacture do not have airbags. No one has sued for this reason before and the manufacturer is afraid of a precedent being created.

Conflict Resolution Methods: Litigation & Independent Expert Appraisal

In the given scenario the case the plaintiff's case is very strong as he has faced a very traumatic event. Even though the company has never faced such litigation in the past, in the current scenario the plaintiff can seek legal aid. The legal system is developed so as to aid the general public and the citizens against any unlawful or illegal activity, and in this scenario it is quite possible that it would help the individual who has suffered due to the design defect of the company's product. Hence in this scenario I believe that the litigation process is the most relevant and ideal conflict resolution tool, as it would provide the plaintiff with the support and aid he is looking to attain (Astor & Chinkin, 2002). Since both of the parties involved in the case have a very distinct attribute set, they cannot resolve the conflict in a fair manner, without the help of the national legal system. For the victim of the defected vehicle the legal system would ensure that his individual rights will be safeguarded and he would not have to make a decision which will be forced by the strength of the other party.

Another relevant conflict resolution tool in this scenario can be the independent expert appraisal. In certain organizations the management has established a strong ethical code of conduct, and in the case of an injury to the customer, they provide full assistance without the supervision of a regulatory authority. For the sake of objectivity the company and the affected individual may choose to attain the services of an independent expert, who would critically analyze the case and provide the relevant findings.

Advantages and Disadvantages

In this case I believe that the described conflict resolution tools are appropriate and would help both of the parties formulate an objective and ethical solution. The biggest advantage of the litigation tool is the involvement of the adequate legal authorities; which will ensure that each party attains their adequate rights. And in the case of the expert appraisal the victim of the incident would ensure that the final decision is not biased towards the organization, as it would be carried out by a professional entity.

The disadvantage in both of the cases is the obvious difference in the financial resources available to both of the parties. The person who has been negatively affected by the lack of vehicle airbags would nit have the adequate amount of fund s to seek a high profile case against the company, or attain the services of an external party (Honeyman, 1988). The organizational might use its abundance of resources and power to attain the services of the best professionals who might help them achieves the desired objectives. In this scenario ...