The appropriate jurisdiction for Margolin’s lawsuit against funny face is Florida, against Novelty Now Inc. Reason being, the website for funny face states that anyone buying their product cannot take Chris, Matt or Ian to court. Novelty Now’s contract with the three men states that all disputes must be taken to the state of Florida.
There are two forms of ADR that the parties may decide to use which are Mediation and Arbitration. ADR is advantageous in a few ways. First, it is less expensive and faster. It decreases the number of lawsuits being filled in the courts thus the system is not overloaded with cases. The parties normally choose to have their dispute mediated or arbitrated by one person from the relevant field, who is an expert. Secondly, in arbitration the parties have freedom to choose the rules to apply in their dispute. They can for example in this case apply industry standards that are relevant.
However, there are disadvantages too. It’s only where it involves money that the arbitrators resolve the disputes. Where it requires a party to do or refrain from something they cannot give orders. Arbitrators do not change property titles either. What also the court might design as safeguards to protect the parties sometimes is absent in ADR, like use of the liberal discovery rules. Then when an arbitrator makes a decision there’s usually no judicial review. And lastly, an arbitrators decision might not be enforced if found unfair which is a very difficult standard to be met.
Funny face and Novelty Now having been in a contract agreement would choose a similar form of ADR, Arbitration. If they got an expert in their manufacturing field who is able to highlight convincingly that the contra indications that are likely to present in some people after using products with PYR is easily manageable and reversible. Margolin would also find an expert arbitrator to prove the extent of damage to his face by the PYR emulsifier in the funny face aftershave, thus getting him good ground to claim his compensation.
The corporate officers may also be held liable for criminal acts where by after Chris directed Novelty Now to substitute PYR which was not FDA approved didn’t heed to it. So they could be called forth to account for that negligence which resulted to permanent bluing of Margolin’s face.
Chris Matt, and Ian use of the PYR emulsifier which is not approved by FDA was wrong until Chris directed Novelty to substitute it with their original formula. Novelty didn’t heed and continued making funny face with PYR which is the crime element here. A sufficient penalty should be imposed on Novelty Now for not heeding to Chris’ request, while Funny face should be banned from the market for a while until approved safe for use again. This is because in their contract they had agreed that anyone buying funny face would not take the three to court, all disputes are to be taken to the state of Florida.
Novelty being the stakeholder should have been keen to protect their repute by changing the PYR emulsifier from the time of contract agreement with the three men for hey knew it was not FDA approved and was likely to cause them trouble in the future.
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