Consumer Protection Assignment Example | Topics and Well Written Essays - 750 words

Consumer Protection - Assignment Example This rule does not aim at shielding sellers who involve themselves in bad faith or fraudulent dealings by misleading, or false representations concerning the condition or quality of certain goods. It merely suggests that a buyer must judge, examine and test a good considered for buying. The current trend in laws protecting customers has reduced the efficiency of this rule. Even though, the consumer is still obligated to inspect goods upon buying them, the seller is being given more responsibilities, and the caveat venditor principle meaning "let the seller beware" has now become extremely prevalent. There exists a legal presumption whereby a seller should make some warranties, not unless in cases where the seller and the buyer agree otherwise (Devenney, & Kenny, 2011). A seller who does the business of often selling a certain product has greater responsibilities in relating with any average consumer. By using the term "as is" the seller did limit his liability against the buyer. As o f the doctrine of caveat emptor, the buyer of the car was not in a position to claim damages he incurred when he got injured from the brake failure from the seller. Question 2 Puffery refers to claims and promotional statements that instead of expressing objective views, they express subjective views and no "reasonable person" can take these views literally. Puffery mostly appears in testimonials, and it puffs up the image of the thing under description. Puffery is utilized in product promotion with an aim of making the product extra appealing by using bombastic, subjective, and hard to prove claims. Several people have claimed that some organizations easily cross the boundary differentiating puffery from other misleading claims. In many countries, there are laws that permit organizations to involve puffery; this differentiates mere puffery from real factual claims that would result in misleading a consumer (Cseres, 2005). What mainly distinguishes a puffery is the fact that it is n ot considered seriously by consumers. When doing product evaluations in order to whether to purchase or not to buy a product, consumers are always aware that the claim is never literal. The Federal Trade Commission monitors misleading and deceptive advertising, although puffery is not considered to be against the law. The FTC claims that consumers should be aware of these statements, and they should not take the exaggeration seriously (Winn, 2006). For instance, if a soda industry advertises a â€Å"healthy† product, lawyers can enquire if customers should interpret that to say the soda is healthier compared to other related products or to mean the soda is good for their health. If such a claim happens to be puffery, customers interpret it to mean the soda is healthier compared to its competitors, but if it happens to be a misleading claim, customers may interpret that the soda has health benefits. FTC can step in to take a suitable action whenever there is no adequate proof to back up a puffery (Devenney, & Kenny, 2011). Question 3 Identity theft results when individuals better known as fraudsters get access to sufficient details about another person’s identity to carry out identity fraud and other crimes. Personal information may include the victim’s date of birth, their identifying number, their name, their credit card number, and their previous or current addresses. Identity theft can happen regardless of the fraud victim being

Learning, Knowledge and Performance Essay Example | Topics and Well Written Essays - 3000 words

Learning, Knowledge and Performance - Essay Example The discourse also considers the Kolb learning system and influences of improving the situation at Siemens. Siemens organization did not consider earlier knowledge management, yet it is an economic resource for the company. It is essential for Siemens to recognize that sharing of knowledge is a significant element of knowledge management. Knowledge management is not part of the success strategy in the learning and knowledge at Siemens. Employees own knowledge and incorporating them into institutional knowledge at Siemens relies on the cultural behavior regarding sharing knowledge (Morey, Maybury, Bhavani, &Thuraisingham2002, p. 23).It is the role of the company to inculcate the culture of knowledge sharing among employees. Employees at Siemens comprehend that sharing of knowledge is significant but do not share amongst them because they hold it an important asset that can make them remain valuable at the company (Sonbuchner 1991, p. 31). It is not possible to force employees to share knowledge neither is it advisable. However, employees induced or motivated to do so. The system at Siemens constitutes motivational methods to induce workers into adopting the behavior of sharing knowledge, the biggest cha llenge emanates from changing the current behavior of employees (MacKeracher 1996, p. 56). Changing behavior is directly proportional to the success of sharing knowledge and the effectiveness of knowledge management (Stewart & Rigg 2011, p. 41). The value of sharing knowledge in knowledge management requires understanding ways through which employees remain motivated to share knowledge in a way that helps the overall intellectual advantage of Siemens (Kiersey1984). The knowledge gaps at Siemens are barriers in attaining desired goals in the company (Jones& Carr 1987, p. 69). The climate and culture at Siemens play a significant role in developing the process of sharing knowledge among