Business Law Analysis Case Study
In this presented case a farmer named Giles is plained guilty of being sold an infected egg party to the Bolton Hotel and Dining Club. The farmer supplied the Hotel on a daily basis with organic free-range eggs that were produced by him. One of this party of raw eggs was used to produce mayonnaise on the silver wedding anniversary of Victor and Victoria which took place at the Bolton Hotel. The eggs that were used have become infected with salmonella. After the holiday many of the guests were taken ill. Moreover Annie, Victoria 90-year-old grandmother dies in connection with this accident. The blame for this accident is put on Tom, the dining club manager, which is summarily dismissed.
Infected Egg Party Case Study Analysis
This case is taken in to register as a massive poisoning, a careless crime and refutation of the production being used. The hierarchical jurisdiction will be in charge of this court. The city criminal court will take the preliminary hearing in this case. This case will be hared by the Trial court, where a decision will be taken upon the guilty parties. If any party will be judged as guilty they can set an appeal to the Appellative court where a decision ether the law was applied correctly will be taken. Firstly a decision upon responsibility of the parties will take place under the proceeded investigation. As there are many parties involved investigation upon this crime will take place. Also several crimes can be detected under the investigation. If any of this crimes will be claimed by the parties as non valid, the Appellative court will raise the investigation process once again with the analysing of all of the facts and resources collected during the time of the Trial court.
In this case study several parties can be plained guilty. The guilt for indigestion of the guest can be set fully on the dining manager. But as he is an employee of the hotel, the hotel can also be plained guilty of not taking care of all the decisions made by staff correctly, which in the end has led to such a tragedy as a death of an elderly person. The manager can claim that he was not responsible for signing the agreement of the eggs supplier on which point it has to stated who was in charge of taking decisions about the choice of the supplier. This person can also be named responsible for the occurrence. However the farmer also can be plained guilty of taken a production to the market that was not verified to be given to people. A verification of the farmer production has to be taken, also the way of the verifying by the hotel the production taken in to consumption. All the necessary document to produce organic free-range eggs has to proven by a respective authority. The farmer can also deny that the guests felt ill after the mayonnaise which was produced from his eggs. He can demand an expertise of all food that id being ordered by the hotel manager to produce other food. Moreover he can claim that the procedure of making the mayonnaise has to be proven, as it can be that during the preparation of the mayonnaise the bacteria was taken in to the process. It has to cleared also if the hotel had only this one farmer as a supplier of the eggs that have been used. If there was more then one supplier used by the hotel the products of all suppliers have to be checked if any similar occurrence had taken place in other hotels that they supplied. All of them have to prove that their production is made with the respective procedure that is confirmed by the necessary certificates. Also the death of the grandmother has to be investigated. The hotel or the farmer can plain not being guilty of death of Mrs. Anna, that could have been caused by any another reason. An biopsy has to take place, which states the correct reason that explained the death.
Also the background of this case has to be taken in to consideration. If the anniversary was celebrated during summer time, it can be claimed that the preparation of the mayonnaise was done were slowly and under hight temperature the nature can take part of the guilt on itself. Then this occurrence can be also classified as an reckless crime which can claim to get not a severe detention. If hotel is located in a country and not in the city, probably this case will not get many attention from the publicity. If this case is heard in a big city the mass media can get a good story out of it. In such cases also the publicity interest on the case can influence the decision taken by the court. Mass media get the information to the people very quickly and mostly in the most dramatic way, to get a better effect on the public. The public can be of advantage for the family. If they allow the mass media to get a provocative material out of their misery, they can get better chances on a bigger compensation from the parties being accused. Also if they were such cases in the region in a nearest past, the parties can use this to provoke and idea of epidemic case of Salmonella illness. If the state in which it will happen will proclaim an epidemic case and a decision that this is such case will be take, the parties can get out of the accusation without any compensation to be paid to the family or the affected one by the illness, as such cases have to be regulated by the State and the respective authority will have the responsibility of paying any fee to the affected ones.
Firstly the court would have to identify the illness which caused the bad feeling of the guest and probably also the death of the grandmother. It is claimed to be salmonella. Salmonella is considerate to be a kind of food poisoning caused by Salmonella bacteria. Every year there are about 40.000 cases of salmonella reported within the country, but as not all cases are being reported the actual number of this can be more then 30 times bigger.(WebMD, 2011). This illness is mostly common in summer then in winter, as the product are much more easily affected by the hight temperature during summer times. Children and elderly persons are the one that most commonly get affected by this illness, as their immune system is not so good as an adult. There are several ways of getting the food infected by Salmonella. Food may be contaminated during the food processing or food handling, it can happen when the unwashed hands of an infected food handler get in touch with the products. Some small animals are particularly likely to carry Salmonella. This are reptiles, baby chicks or ducklings. People always have to wash hand after getting in contact with them. Also faces of some pets, especially with diarrhea may also be the media of Salmonella. The product of our interest :the eggs, are one of the most often infected by Salmonella products. As the products mainly look and smell in a normal way it is hard to identify if there were infected on the spot. (Corcunopia, 2010)
The farmer representatives in the court can take advantage of this information as they can claim that most of the raw or undercooked eggs are likely to contain Salmonella. As row eggs are used for preparing home made mayonnaise it is a weal of fortune if to get infected or not by this illness. Also they can claim to avoid any responsibility of their client as if they request a test for all production of the farmer and no Salmonella bacteria will be diagnosed, that the process of preparing the mayonnaise was not sterile enough and the bacteria has find her way during this process. They can demand the investigation by the Health Care of the kitchen in which the food is prepared and all the staff on their awareness of the rules of purity during any preparation of the food. Mainly both sides will demand the investigation of the certificates of each other. If there will be claimed the absence of any legal confirmation or certificate for taking the practise they are, another crime will be set on the court investigation.
Most likely the organic egg production of the farmer will also be set under the question. The permission for this production is not easily granted. The farmer that want to get it has to prove that his crop is free of genetically modified organism for at least three years. Also the Department of Agriculture demand that the laying hens must have access to the outdoors and can't be raised in cages. All this has to proven once more under the investigation. If there will be set any violation of this, the farmer will get a serious penalty and maybe also a interdiction for proceeding this activity. But he hardly can be claims guilty of the death of the grandmother as the Hotel signed upon taking his products in too their possession and produced the food which, if to be proven contained the Salmonella bacteria. The decision of the court will definitely depend on the investigation taken and if the family of Mrs. Anna will claim any of the sides guilty and demand compensation.
All of this legal procedure, starting from verification the cooks license, license of the farmer, the hotel permission to conduct cooking, the investigation by the lab professionals of the mayonnaise ingredients etc. If any of this will contain a violation from the law a suspension of the activity of both party will take. It is not excluded that also without the violations to be proven the family of the death grandmother will demand this suspension in the light of the occurrence that happened.
As this case will be taken upon hierarchical jurisdiction and heard firstly by the Trial court the judge will prised from the beginning to the end of the court. On a preliminary hearing all of the parties will be informed about their right and on behalf of what they are caused to the court. All the procedures that will take place and the proceeding of the case will be explained. All the facts and testimonies collected will be approved or discharged to get in to the court case. Also if the plaintiff name the amount of the compensation and if they agree on it will be named. If the parties agree to pay the fee no court hearing will take place. If not, if they will insist of claiming only one side guilty the court hearing will take place on indicated date, to which all necessary preparation have to be done and closed. On the time of the preliminary hearing it can also happen that as it is stated that the farmer supplies the Hotel with eggs on a regular basis and there is no legal agreement between this two parties. If there is no document stating that the farmer was a standard supplier of the eggs to for this facility another parties can be involved which can be also proven to be a part of the occurrence. For example by the time of investigation and lab research on the hens of the farmer it will be stated that a couple of unregistered hens had find a way to get in to the farmers ownership. If they will be a part of another farmers business. If this unregistered hens will be diagnosed of heaving the Salmonella bacteria and the farmer that supplied the Hotel has no cases shown of it, he can claim to be out of the investigation and demand to be discharged of the accusations. Then the Hotel will have the full responsibility on not checking up the product that they have received or not taking right care about the procedure of preparation of the mayonnaise.
At the time of the court hearing all the investigation results and testimonies have to prepared. The standard of the proof in all of the proceedings will be the testimonies of the witnesses and the one that will be named those, the documents that state the legitimate agreement between the farmer and the Hotel, also the documents that state no such occurrences with both of the sides in the past. All the prosecutions will be heard one by one. If there will be several, each can be heard on a different day. If the proceeding taken by the Trial court and the decision by the judge will be plained be claimed by the parties involved they can go to Appeal court with this case, claiming that law was not applied correctly in their case. In such case if this claim will be approved the Appeal court will revise the decisions taken within the proceeding of the Trial court to plain them legal or not. If it will satisfy the claim of the parties another hearing will take place.
The court and the judge has the legal liability to resolve this case and to satisfy the parties. The legal authorities have to carefully investigate all the information that they will get in to contact with. They need to check all of the documents, licenses and the testimonies of the witnesses in order to get a clear understanding of the case. The judge do not take any sides and they have to informed by the legal representatives of the parties about the investigations that have been taken and about any new proof found during the case investigation. All the information that will be presented at the court hearing has to be presented in advance to the court and to be discussed by the legal authorities with their clients and with the judge. There can be any hidden motive taken in to action during the court case and in between.
The objectives and the purpose of setting the case to the court must be clear and finalised before the preliminary hearing. They need to be proven by the plaintiff and approved by the legal authority of that region. If there are not enough proofs presented or they will be considered by not warrant of clearing the case, the complainant can set an appeal that his case is not treated in the way guaranteed by law and also set an appeal. This will be revised and if confirmed another hearing will take place on which the case will once more set in to investigation.
This way the direction which will the case go depend on many factors which can be only stated after they are proved to be legitimate and enough of setting a case against the parties which are being appellate. The legal representatives must take care of their parties interests. Also they are obliged to protect any information that is considerate by their client as personal and is indicated not to be admitted on public matter. If the representative will omit this rule, there can be serious consequences for both sides. The representative can even loose his licences and the party can loose their case in court.
This case study shows how many directions can take a case that resembles several parties involved. And this is only of this are parties that are known. If the case would involve an investigation upon unrecognised sides such could never be close and the plaintiff could never be satisfied.
- Champion, D.J.,Hartley, R.D., & Rabe, G. A. (2012). Criminal courts: Structure, process, and issues (3rd Ed.). Upper Saddle River, NJ: Pearson Education, Inc. Print.
- Vago, S. (2011). Law and Society. 10’th Edition. Pearson. Print.
- Marjorie D. Rombauer, Legal Problem Solving: Analysis, Research and Writing, pp. 22-23 (West Publishing Co., 3d ed. 1978)
- Burke, E. J. (2012, January 24). Published and unpublished appellate court opinions for january 2012. The State Bar of California, Family Law Case Studies - Volume 10, Number 1.
- WebMD. (2011, February 8). Salmonellosis - topic overview. Food Poisoning Health Center.
- The Cornucopia Institute. (2010, September 22). Organic egg report and scorecard. Promoting Economic Justice for Family Scale Farming.
- Darke, P., Shanks, G. and Broadbent, M.(1998) "Successfully completing case study research: combining rigour, relevance and pragmatism," Information Systems Journal ., pp. 273-289.
- Tumin, Z. (2009). Visualizing food safety: Seeing the linkages in a networked world.
- Scott MacDonald Chapman, Attorney at Law, Lewiston, ID, for Appellants.Daniel E. Stowe, The Law Office of Bohrnsen & Stowe PS, Spokane, WA, for Respondents. Court of Appeals of Washington,Division 3., (2008). Fabrique v. choice hotels international inc (No.25973-1-III).
- Reavley, Higgingbothan and Parker, Circuit Judges. United States Court of Appeals,Fifth Circuit., (2001). Supreme beef processors inc v. United States department of agriculture (No.00-11008).
- Kohen, S., Badoux, R. G., & New, L. (2008). Ada compliance: A guide for restaurants & other food service employers.
- Stratchan, L. (2010). Suit filed in taco bell salmonella outbreak.