StudyXY
RegisterLog in

Legal Liability and Regulatory Challenges: Robins & Robins Case Analysis

Case study on legal liability and regulatory issues in business.

David Miller
Contributor
4.9
34
5 months ago
Preview (4 of 10 Pages)
100%
Purchase to unlock

Page 1

Legal Liability and Regulatory Challenges: Robins & Robins Case Analysis - Page 1 preview image

Loading page ...

Legal Liability and Regulatory Challenges: Robins & Robins Case Analysis1. List any bases Robins & Robins could sue Casings, Inc., under contract theory ONLY for thedamages caused by the explosives in their drugs, over and above the cost of the capsule shells.(short answer question)Ans:It is very likely that the contract provision in section 14B.2a would be upheld In this case providedthat the contract was not the product of unconscionabiity, misrepresentation, or fraud. Robins &Robins could bring contract actions for breach of warranty depending on the other terms of thecontract. Also, Robins might also recover based on a theory of equity based on the extraordinarynature of the damagescaused. A contract is a legally enforceable agreement between two or more parties with mutualobligations. The remedy at law for breach of contract is "damages" or monetary compensation. Inequity, the remedycan be specific performance of the contract or an injunction. Both remediesaward the damaged party the "benefit of the bargain" or expectation damages, which are greaterthan mere reliance damages, as in promissory estoppels. We have the fact that when Robins &Robins' contracted with Casings, Inc., they made sure to state in the section 14B.2a that "Theremedy for defects in supplies shall be limited to the cost of the parts supplied". Vitiating factorsconstituting defenses to purported contract formation include: Unconscionability and duress.Casings Inc. has supplied the capsule casings for the medication pills tainted with small particles ofplastic explosive because of which the final product sold by Robins and Robins were found to be in adefective condition unreasonably dangerous to the user or consumer. The fact that Casting productsare damaged makes the contract's lopsidedness unconscionable. Robins and Robins has a right tomitigatehisdamages.Alsowecanconsiderundueinfluence;unconscionability;misrepresentation/fraud in this case and Robins & Robins could sue Casings, Inc on the basis ofundue influence; unconscionability; misrepresentation/fraud.2. TCO B. The FDA discovers that, during the public comment process, Robins & Robins bribed oneof the members of the administrative panel that decided to pull the rule from consideration. Themember of the panel was removed and is being charged criminally. As a result, the FDAimmediately implements an emergency order that puts into effect the “tracking bar” requirementand makes the rule retroactive, but only to Robins & Robins. Provide two arguments Robins &Robins can make to have the rule determined to be invalid under the Administrative ProceduresAct. Explain your answer. (Points : 30)Ans:

Page 2

Page 3

Page 4

Preview Mode

This document has 10 pages. Sign in to access the full document!

Study Now!

XY-Copilot AI
Unlimited Access
Secure Payment
Instant Access
24/7 Support
Document Chat

Document Details

Subject
Civil Law

Related Documents

View all
Past Exams

Property Law Drill 1 Ownership, Property Types, an

This drill covers core property law concepts in the Philippines, including land ownership limits for foreign corporations, types of property, fixtures, forms of ownership like fee simple, and conditional titles under property law.

Past Exams

Property Law Drill 4 Marital Property, Land Owners

This assessment reviews key principles of Philippine property law, including marital property regimes, land ownership rules, foreign ownership limits, the Regalian doctrine, state powers like eminent domain, inheritance rights illegitimate children.

Past Exams

Property Law Drill Ownership, Family Code, and Sta

This reviewer covers key property law concepts in the Philippines, including land ownership under the Constitution, foreign ownership limits, family property relations, state powers like eminent domain and police power, and inheritance rights.

Class Notes

Case Analysis of Soji and Parental Duty

This case study analyzes Soji’s liability for negligence using the Anns/Cooper test. It explores duty of care, breach, causation, and damages resulting from her failure to supervise her child, leading to property loss at Mackenzie’s Game Store.

Class Notes

Undue Influence in Contract Law Key Cases and Clas

This summary explores undue influence in contract law, distinguishing between actual and presumed influence. It analyzes leading cases, legal principles, classifications (Class 1, 2A, 2B) the requirement of manifest disadvantage in equitable claims.

Class Notes

Assessment 2 Job Hazard Analysis JHA

This Job Hazard Analysis outlines safety protocols, risk assessments, hazard controls, and PPE requirements for erecting and dismantling formwork. It follows WHS legislation and highlights key tools, and responsibilities for safe construction work.

Solved Assignments

Assessment 1 Long Answer Question

This assessment covers WHS compliance, excavation safety, environmental requirements, tools and equipment, trenching techniques, utility identification, and drainage methods, aligning with vocational standards for hand excavation in construction.

Class Notes

Introduction to Law and Key Concepts and Principle

This guide explores core legal principles in Australia, including sources of law, legislative processes, case law, constitutional structure, Indigenous law the doctrine of parliamentary sovereignty with a focus on Queensland and federal institutions.

Solved Assignments

CIV 3702 Assignment 1

This assignment explores civil procedure in South Africa, covering court jurisdiction, reform methods, doctrines, litigation steps, and trial processes. It includes case analysis, procedural rules, and the application of legal principles.

Solved Assignments

Final Project Milestone One Malpractice Case

This case study analyzes the Popovich v. Allina Health System malpractice case, focusing on standard of care, vicarious liability, and the role of independent contractors in healthcare. It explores legal doctrines and patient safety implications.