1. Happy Farms, Inc. ordered 1,000 gallons of a specialty pesticide, “Berry Good,†for its berry crop. The total price of the order was $15,000. Happy Farms paid $5,000 up front and promised to pay the balance upon delivery. JA changed the order to a newer product “Very Berry Good†without notice to or consents from Happy Farms. Upon delivery, the head farmer at Happy Farms, Allison Kagan, noted that the product was not the same as she ordered. Later that afternoon, Kagan notified JA that the pesticide was not what she had ordered and refused to pay the balance on the shipment. Happy Farms held the boxes of pesticide, but, to date, JA has not retrieved them. What are JA’s legal options in this situation?
1. Happy Farms, Inc. ordered 1,000 gallons of a specialty pesticide, “Berry Good,†for its berry crop. The total price of the order was $15,000. Happy Farms paid $5,000 up front and promised to pay the balance upon delivery. JA changed the order to a newer product “Very Berry Good†without notice to or consents from Happy Farms. Upon delivery, the head farmer at Happy Farms, Allison Kagan, noted that the product was not the same as she ordered. Later that afternoon, Kagan notified JA that the pesticide was not what she had ordered and refused to pay the balance on the shipment. Happy Farms held the boxes of pesticide, but, to date, JA has not retrieved them. What are JA’s legal options in this situation?
2. Martin Rupe worked as the manager of one of JA’s retail outlets. A customer came in and offered to buy all remaining “Berry Good†pesticide for $10/gallon ($5 below retail price per gallon). There were 4,000 gallons remaining in stock at the store. Rupe agreed to the sale and the customer left with the pesticide, satisfied. When Kevin Hines found out about this sale, he went to the customer and explained that Rupe did not have the authority to discount the product. When Hines asked for the additional $20,000, the customer just laughed. Can JA Appleseed, Inc. expect to recover in this instance? Why or why not?
3. One of JA’s employees, Heidi Matherly, was authorized to complete a pesticide spray on Dale Johnson’s farm. On the way over to Johnson’s farm, Matherly took a shortcut through Agatha Jenkins’s property, upon which Matherly fell in an old well, breaking her arm and needing to be hauled out. Before the rescue crew arrived, Jenkins purposefully threw an apple at Matherly in the well, bruising her face. Matherly seeks to recover against Jenkins for the dangerous condition on her property and the injuries sustained. Matherly also brought a claim for workers’ compensation. Will Matherly prevail in either claim?
4. One of JA’s loyal customers, Funny Farm, used the new pesticide “Very Berry Good†but found that the product was extremely flammable, and the entire crop caught fire and was lost. The damage was estimated at $500,000. Funny Farm brought suit against Kevin Hines himself since he personally developed the product, marketed the product, and ran all operations of the business. Hines contends that he is not personally responsible for the liabilities of the corporation. How would the court rule?
5. JA employed Ellen Long as a
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