Business Law: Case Study of WOD Chemical Company and Trifork Winery

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Added on  2023/03/21

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Case Study
AI Summary
The assignment analyzes a case study involving WOD Chemical Company, which caused a sulfur leak into the Russian River due to a fire. Trifork Winery, whose grapevines were affected, filed a lawsuit against WOD for monetary damages. The analysis focuses on establishing WOD's negligence, highlighting the company's failure to prevent the fire, properly dispose of sulfur waste, and ensure the safety of its operations near the river. The assignment references legal precedents, like the 'Foreseeability in negligence law' by Leon Green, to support the claim of WOD's responsibility for the damage. The analysis emphasizes the need to prove that the sulfur in the river caused the damage to the grapevines and that WOD was indeed responsible for the negligence, as the company was aware of the risk of the river being located nearby.
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Running head: BUSINESS LAW MANAGEMENT
BUSINESS LAW MANAGEMENT
Name of the Student:
Name of the University:
Author Note:
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1BUSINESS LAW MANAGEMENT
Analysis and Conclusion:
In the given case study, Trifork Winery filed a suit against WOD for monetary damages.
The cause behind such suit is that the Winery suffered loss as the wine grapes are suffering and
grapes are shriveling and dying. This is because of an incident of fire that occurred on 5th July
causing explosion of one of the sulphur tanks that caused massive dumpling of the sulphur in the
nearby river. The presence of high amount of sulphur was also confirmed by analysis of local
river and it was presumed that the source of sulpher can be either direct fire explosion or some
leakage from WOD.
The grape plants draw water from the local rivers hence they become affected by the high
sulphur content. Thus the Winery has sufficient grounds of negligence committed by the WOD.
WOD must be well aware of the fact that river is located nearby and hence additional protection
must be ensured by the Company as it was dealing with hazardous chemical.
In order to succeed in the suit, Winery must prove that the grapes plants got affected
because of the presence of sulphur in river water. It must also need to prove that WOD Company
was responsible for act of negligence (Green, Leon). The company was negligent as it did not
take proper protection to prevent the over heating of the machinery that result into the fire.
Moreover, it must also ensure proper disposal of sulphur waste and not dumping directly into the
river. Such negligence can be foreseen also.
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2BUSINESS LAW MANAGEMENT
References:
Green, Leon. "Foreseeability in negligence law." Colum. L. Rev. 61 (1961): 1401.
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