Assignment 3: Final Project
Dracca conducts extensive product-safety testing on all of its products...

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Assignment 3: Final Project
Dracca conducts extensive product-safety testing on all of its products before bringing them to market. In fact, Dracca has developed an in-depth approach to safety operations unlike any other in the industry. In a recent study, there was a small indication that Dracca’s newest stroller, SmoothGlide, had the potential to pinch small fingers during the fold-down process. Dracca executives approved the design anyway, and SmoothGlide was sold to retailers in mass quantities.
	
Document Preview: Assignment 3: Final ProjectDracca conducts extensive product-safety testing on all of its products before bringing them to market. In fact, Dracca has developed an in-depth approach to safety operations unlike any other in the industry. In a recent study, there was a small indication that Dracca’s newest stroller, SmoothGlide, had the potential to pinch small fingers during the fold-down process. Dracca executives approved the design anyway, and SmoothGlide was sold to retailers in mass quantities. Initial market response to the SmoothGlide was positive, and many competitors eyed the unique features of the SmoothGlide wheels.A Dracca employee, Lloyd London, leaked the findings of the safety study to the public and a consumer watchdog group. In a press conference called by London himself, London explained the SmoothGlide safety testing process in detail. Dracca employed London as director of operations for stroller manufacturing, and his contract contained a confidentiality provision that was verbally agreed to as an addition to London’s written employment contract. London is in his third year of a five-year employment contract. Based on the information obtained by London, the consumer watchdog group known as Hands for Babies sued Dracca, claiming negligence in safety testing. Can Dracca hold London responsible for misappropriation of a trade secret? Why or why not? Use legal principles discussed in the readings to support your conclusion.Is the confidentiality provision within London’s employment contract valid pursuant to the Statute of Frauds? Why or why not?Based on the elements required for a claim of negligence, will Hands for Babies be successful in its suit against Dracca? Why or why not?In light of product liability concerns, what are the considerations Dracca should take regarding whether to issue a voluntary recall of the SmoothGlide? Use specific information from the readings on product liability topics to support your recommendations.What...

Robert · Accepted Answer

Dracca
Running head:  DRACCA PRODUCT TESTING 1
Title:  Dracca Product Testing 
Student Name 
University Name 
Course Name  
Instructor:  Name 
Date of Submission
DRACCA PRODUCT TESTING  2
Dracca Product Testing 
Introduction 
The paper analyses the standpoint of Dracca as a result of negligence of potential 
malfunctioning on the launch of its new product SmoothGlide. The management of Dracca went 
ahead with the sale of product even though the testing observed the product’s potential to pinch 
small fingers during the fold-down process. London, one of the employees of Dracca had leaked 
this information among public as well as consumer watchdog. The assignment would discuss 
both ethical as well as legal standpoint of the company.  
Misappropriation of a trade secret 
Question 1: Can Dracca hold London responsible for misappropriation of a trade 
secret? Why or why not? Use legal principles discussed in the readings to support your 
conclusion. 
Yes, Dracca can hold London responsible for misappropriation of a trade secret. Legally, 
London is an employee of Dracca and has signed an employment as well as confidentiality 
contract with the company. London has clearly breached this contract by letting out the findings 
of SmoothGlide safety testing process openly. London also explained to consumers and the 
watchdog group on how the company had carried out the safety testing process which again is a 
severe breach of London’s contract with the company. Therefore, Dracca can certainly hold 
London responsible for misappropriation of a trade secret (Bagley, 2012).  
Is employment contract valid? 
DRACCA PRODUCT TESTING  3
Question 2: Is the confidentiality provision within London’s employment contract valid 
pursuant to the Statute of Frauds? Why or why not? 
No, the confidentiality provisions within London’s employment contract are not a valid 
pursuant to the Statute of Frauds.

Assignment 3: Final Project Dracca conducts extensive product-safety testing on all of its products before bringing them to market. In fact, Dracca has developed an in-depth approach to safety...

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