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THE JOURNEY THROUGH TIME

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Events

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MY'STORY

The MOVE Fire

This is a personal recollection on the Move fire on May 13, 1985 Philadelphia police fired thousands of rounds at the MOVE house, city officials approved dropping an explosive device on the roof, the resulting fire was allowed to burn, 11 people—including five children—died, and 61 homes were destroyed. Philadelphia City Council later called it a “brutal attack carried out by the City of Philadelphia on its own citizens” and acknowledged that no individual faced criminal consequences for the bombing. One timeline correction worth preserving for the BHP record: the major previous MOVE-police confrontation was August 8, 1978, about seven years before the bombing, not a year or two earlier. Officer James Ramp was killed, other police and firefighters were wounded, nine MOVE members were later convicted, and television cameras recorded police beating Delbert Africa during his arrest. The 1985 MOVE Commission later specifically criticized city planners for failing to adequately use lessons from that 1978 confrontation. And that actually strengthens the point you’re making: 1985 did not happen without precedent or institutional memory. There had already been a deadly confrontation with MOVE, years of conflict, negotiations and police involvement before Osage Avenue.

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BLACK FACTS
The Truths They Never Taught You...

Wilmington 1898 — An American Coup

Wilmington, North Carolina once had a thriving Black middle class and an elected interracial government. In 1898 white supremacists used violence to overthrow that government, kill Black residents and drive many others from the city.

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BHP gathered finds from its connected research sources. Showing the 4 strongest Black History matches.
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Wikipedia

Product defect

A product defect is any characteristic of a product which hinders its usability for the purpose for which it was designed and manufactured.

Product defects arise most prominently in legal contexts regarding product safety, where the term is applied to "anything that renders the product not reasonably safe".[1] The field of law that addresses injuries caused by defective products is called product liability.

A wide range of circumstances can render a product defective. The product may have a design defect or design flaw, resulting from the product having been poorly designed or tested, so that the design itself yields a product that can not perform its desired function. Even if the design is correct, the product may have a manufacturing defect if it was incorrectly manufactured, for example if the wrong materials are used. A product may also be considered legally defective if it lacks appropriate instructions for its use, or appropriate warnings of dangers accompanying normal use or misuse of the product.[1]

Depending on the given jurisdiction, the failure of a consumer to read the available warnings may negate causation for purposes of a defective or inadequate warning claim in a product liability suit.

A product that is defective in some way that does not render it dangerous might still be sold, with a discounted price reflecting the defect. For example, where a clothing manufacturer's inspection discovers that a line of shirts have been made with slightly uneven sleeves, the manufacturer may choose to sell these shirts at a discount, often through an outlet store and with the label cut off to indicate that the quality is not intended to reflect on the brand.[2] For some products, rework is appropriate.

Product quality risk in supply chain

[edit]

Product quality risk in supply chain focuses on the quality problems in the supply chain context rather in the manufacturing quality context. Tse and Tan (2009)[3] identified the concept of "Product Quality Risk in Supply Chain" (PQR) as:

Inherent quality problems (i.e. raw materials / ingredients / production / logistics / packaging) in any of the supply members trigger a domino effect that spread through a multi-tier supply network. For this reason, it is hard for a network member to keep track of who did what, and when, to the final quality of the products. The product that a focal firm sells to the consumer comprises components made by the focal firm and the suppliers. When the product breaks down due to defects in either the firm’s component or the supplier’s component, the firm has to bear the consequences.

In practice

[edit]

Product quality risk is an inherent part of the supply chain risks, with a tendency to comprise some or all of the risk elements, such as operational risk, disruption risk and reputational risk. For example, when lead was found in Mattel's toys, it tarnished the company's reputation, and disrupted the supply of its products in the market.[citation needed]

In the literature, the concept of product quality risk has not been fully investigated. Although Zsidisin stated that quality risk includes the risk of producing unsafe products that can harm the consumer,[4] even when these defects are caused by another firm or inherited from a sub-contractor. However, neither PQR nor its domino effect in the supply chain have been thoroughly studied.

The product quality risk in global supply chain concept, though similar to "product harm crisis" (defined as defective or dangerous products)[5] and "moral hazard problem" (defined as the outcome of asymmetric information, imperfect observability in supplier's quality),[6] are not about the risk of product quality in a global supply chain context.

In construction

[edit]

In construction, defects include aspects of the constructed works which are not in accordance with the scope of the project (the work which the contractor was asked to undertake) or, where the contractor has designed the work, the construction not compliant with any applicable law or with a design for the work offered by the contractor and accepted by the client or on the client's behalf. They may be "patent defects", observable in practice during or on completion of the construction process, or "latent defects", which are not visible or identifiable until a later date.[7]

Under common law, a defect which results from the contractor's breach of contract should be put right by the client, who then sues the contractor for the costs of doing so. The NEC Engineering and Construction contract, a standard form of contract widely used in the construction industry, allows the contractor to rectify a defect at their own expense in place of the common law position, and obliges the client to allow the contractor appropriate access to undertake the rectification work.[8] At the end of an agreed period, a defects certificate may be issued, which is intended either to certify that there are no patent defects, or to state any defects which remain outstanding.[9]

See also

[edit]

References

[edit]
  1. ^ a b Robinson, Patricia A. (2009). Writing and Designing Manuals and Warnings. p. 234.
  2. ^ Shell, Ellen Ruppel (2009). Cheap: The High Cost of Discount Culture. Penguin. p. 104. ISBN 9781101135471. You will recall the original factory outlet concept was defined by slightly defective but perfectly usable goods sold directly to consumers straight from the factory store. Today this is a rarity.
  3. ^ Tse, Ying Kei; Tan, Kim Hua (2011). "Managing product quality risk in a multi-tier global supply chain". International Journal of Production Research. 49: 139–158. doi:10.1080/00207543.2010.508942. S2CID 110472062.
  4. ^ Zsidisin, George A. (2003). "Managerial Perceptions of Supply Risk". The Journal of Supply Chain Management. 39 (4): 14–26. doi:10.1111/j.1745-493X.2003.tb00146.x.
  5. ^ Dawar, Niraj; Pillutla, Madan M. (2000). "Impact of Product-Harm Crises on Brand Equity: The Moderating Role of Consumer Expectations". Journal of Marketing Research. 37 (2): 215–226. doi:10.1509/jmkr.37.2.215.18729. S2CID 167532080.
  6. ^ Hwang, Iny; Radhakrishnan, Sarvepalli (2006). "Vendor Certification and Appraisal: Implications for Supplier Quality". Management Science. 52 (10): 1472–1482. doi:10.1287/mnsc.1060.0557.
  7. ^ Simmons & Simmons LLP, Guide to construction defects, published 10 October 2017, accessed 29 April 2023.
  8. ^ Evans, S., When is a defect not a Defect under NEC3?, accessed 8 May 2023.
  9. ^ Designing Buildings Wiki, Defects certificate, last updated 30 September 2020, accessed 8 May 2023.

Source: Wikipedia. Article content is retrieved live through the MediaWiki API.

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Wikipedia

Product defect

A product defect is any characteristic of a product which hinders its usability for the purpose for which it was designed and manufactured. Product defects arise most prominently in legal contexts regarding product safety, where the term is applied to "anything that renders the product not reasonably safe". The field of law that addresses injuries caused by defective products is called product liability. A wide range of circumstances can render a product defective. The product may have a design defect or design flaw, resulting from the product having been poorly designed or tested, so that the design itself yields a product that can not perform its desired function. Even if the design is correct, the product may have a manufacturing defect if it was incorrectly manufactured, for example if the wrong materials are used. A product may also be considered legally defective if it lacks appropriate instructions for its use, or appropriate warnings of dangers accompanying normal use or misuse of the product. Depending on the given jurisdiction, the failure of a consumer to read the available warnings may negate causation for purposes of a defective or inadequate warning claim in a product liability suit. A product that is defective in some way that does not render it dangerous might still be sold, with a discounted price reflecting the defect. For example, where a clothing manufacturer's inspection discovers that a line of shirts have been made with slightly uneven sleeves, the manufacturer may choose to sell these shirts at a discount, often through an outlet store and with the label cut off to indicate that the quality is not intended to reflect on the brand. For some products, rework is appropriate.

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Wikipedia

Warning label

A warning label is a label attached to a product, or contained in a product's instruction manual, warning the user about risks associated with its use, and may include restrictions by the manufacturer or seller on certain uses. Some of them are legal requirements (such as health warnings on tobacco products). Most of them are placed to limit civil liability in lawsuits against the item's manufacturer or seller (see product liability). That sometimes results in labels which for some people seem to state the obvious. Lack of a warning label can become an informational defect, which is a type of product defect. Warning labels are found on various product packagings, such as chemicals (flammable, pesticide, poisons, etc.), batteries, tobacco, alcohol and other unhealthy foods.

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Wikipedia

Durham rule

A Durham rule, product test, or product defect rule is a rule in a criminal case by which a jury may determine a defendant is not guilty by reason of insanity because a criminal act was the product of a mental disease. Examples in which such rules were articulated in common law include State v. Pike (1870) and Durham v. United States (1954). In Pike, the Superior Court of Judicature of New Hampshire wrote, "An accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect."The insanity defense plea has been removed in a handful of states and left with the "guilt by insane" verdict. These states include, Montana, Idaho, and Utah. The Durham rule was abandoned in the case United States v. Brawner, 471 F.2d 969 (1972). After the 1970s, U.S. jurisdictions have tended to not recognize this argument as it places emphasis on "mental disease or defect" and thus on testimony by psychiatrists and is argued to be somewhat ambiguous. The Durham rule was constantly criticized because of its lack of clear definitions and terms. It is said that the problem with the "product test" was that it gave psychiatric and psychological experts too much influence in a decision of insanity and not enough to jurors. Although an expert witness may testify as to their opinion in a trial, judges are reluctant to allow it when the opinion goes to the ultimate issue of a case, i.e. when the opinion alone could decide the outcome of a case. The product test asked expert witnesses to use their judgment in determining whether criminal actions were "'the product' of a mental disease or defect." It is the jury's job to decide whether a defendant's actions were the product of their mental disease or defect. The expert witness' job is to determine whether the defendant possesses a mental disease or defect. Further, often conflicting 'expert witnesses' were put on the witness stand by the prosecution and defense to draw the opposite conclusions regarding the cause of an individual's actions.

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Wikipedia

Defective

Defective may refer to: Defective matrix, in algebra Defective verb, in linguistics Defective, or haser, in Hebrew orthography, a spelling variant that does not include mater lectionis Something presenting an anomaly, such as a product defect, making it nonfunctional

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TOPIC OF THE DAY

Greenwood / Black Wall Street

Before the 1921 destruction of Tulsa’s Greenwood District, Black residents had created a remarkable center of business and community life. The district included stores, professional offices, entertainment venues and homes owned by Black citizens. Understanding Greenwood means learning what was built—not only what was burned.

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TRIVIA QUESTION OF THE DAY

What prosperous Tulsa district became widely known as “Black Wall Street”?

The Greenwood District.