Jane Jackson purchased a sealed can of Katydids, chocolate-covered pecan caramel candies manufac- tured by NestlT. Shortly after, Jackson bit into one of the candies and allegedly broke a tooth on a pecan shell embedded in the candy. She filed a complaint, asserting breach of implied warranty. How would you argue on behalf of the company? How would you argue on behalf of Jackson? In your answer, discuss both the reasonable expectation test and the foreign substance/natural substance test.
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- Based on the Taco Bell case (1982), how would the courts determine misleading or deceptive conduct?(a) Under the Australian Consumer Law (ACL), what is misleading and deceptive conduct and how does it differ from puffery? (b) Provide two real-world examples of puffery that wouldn't be a breach of ACL:Sue Flay's Cakery promises to pay Oscar Ruitt not to park in a city-designated no-parking zone in front of her store. This agreement is: (Choose all of the correct answers.) Not enforceable because Oscar Ruitt has no legal right to park in a city-designated no-parking zone Not enforceable because Oscar Ruitt never made any enforceable promise to Sue Flay's Cakery Not enforceable because Oscar Ruitt is merely making an illusory promise Enforceable because Oscar Ruit is giving up the right to do something he would otherwise have the right to do Enforceable because Sue Flay's Cakery is offering legally sufficient consideration to Oscar Ruitt
- Pebbles Flintstone is a minor. Pebbles dropped out of high school in order to care for her ailing mother. The Flintstone home is located in Anacortes, Washington. To help pay for her mother's medical care, Pebbles decided to sell her guitar. Pebbles received the guitar as a gift from her Uncle Barney. Pebbles tried to learn how to play the guitar, but after two years she became frustrated and threw it under her bed. While the guitar has a few cracks and scratches, it is still in good working order. Because her Uncle Barney is wealthy, Pebbles thinks he paid about $500 for the guitar, and hopes it might still be worth around $200. Mr. Slate, age 44, owns Bedrock Antiques & Collectibles. While walking down the street, he came across the Flintstone home, saw they were having a yard sale and decided stop and look around. When he saw the guitar, with a sign that simply said "Make Offer", Mr. Slate offered Pebbles $500. Mr. Slate wasn't sure, but believed the guitar might be a rare…Local camping supply store, Happy Campers, has been sued by an angry customer for breaching ACL s 54. According to the customer, Happy Campers sold her a pair of hiking boots that broke soon after she started wearing them. According to Happy Campers, the customer was told that the shoes were discounted because they were defective. Required: You have been asked to interpret ACL s 54, and to help Happy Campers understand if it has a valid defence.Karl self-publishes a cookbook titled “Hole Foods” featuring recipes for donuts, Bundt cakes, tortellini, and other foods with holes. To sell and publicize the book, he creates the website HoleFoods.com. As part of the metadata used in the SEO marketing for the site, Karl incorporates names and other key words for other cooking and cookbook sites that are well known and widely searched in order to drive traffic to his site. Has Karl violated the rights of the other sites? Explain why or why not.
- 1. Happy Farms, Inc. ordered 1,000 gallons of a specialty pesticide, âBerry Good,â 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 âVery Berry Goodâ 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 JAâs legal options in this situation? 2. Martin Rupe worked as the manager of one of JAâs retail outlets. A customer came in and offered to buy all remaining âBerry Goodâ pesticide for…Chris bought his son a new bicycle from his local bike shop. Less than a week later, the bicycle’s handlebar broke while the boy was riding. This caused the boy to fall on concrete and break several teeth that required surgery. Chris wants to sue the manufacturer for compensation but is told that the shop merely imported the bicycle - which was manufactured overseas. Required: Explain to Chris whether he is able to take legal action for a breach of the ACL. Refer to law.Nelson took her computer to ABC Computer for repairs. ABC repaired the computer at a cost of $350 and informed Nelson that her computer was ready. Before Nelson came to pick up her computer, ABC was burglarized and Nelson's computer was taken. ABC had a commonly-used alarm system that was operating properly on the night of the burglary, and all the doors and windows were properly secured. Nelson sued ABC for the cost of the computer. ABC denied any liability and counterclaimed for the $350 in repairs. Who will win? HINT: Address the Bailment Issue.Please use the IRAC format Issue: Call of the Question Rule: Rule of Law to be applied to properly answer the question Analysis: Applying the rule of law to the facts of the problem presented Conclusion: Answer to the Issue
- Reed, a manager for XYZ Products, issued company checks to pay his personal debts. So that no one in the company would know what he was doing, he disguised the name of the payees. For example, to pay his American Credit Card bill, he issued the XYZ check to “American.” XYZ Products sued the recipients of the checks, such as American Credit Card, demanding that the funds be returned. The trial court ruled against XYZ Products concluding that the Defendant-Payee, American Credit Card, was a holder in due course and thus took the checks free of any claims or defenses. Was the trial court correct in ruling that American Credit Card is a holder in due course? Why? What law is applicable? Can Reed be held criminally liable for his actions? Why or why not? Can Reed be civilly liable for his actions? To whom might Reed be liable and for what? 4. What is the business lesson to be learned from this case? Is this a fair result based on public policy constructs applicable to property…Arvo Lake, a retired 71-year-old man, bought an air conditioner in May. The unit was installed and operated according to the manufacturer's specifications. Unbeknownst to Lake, the unit contained a hole in the refrigeration system that allowed Freon, the coolant, to escape from the unit. By August, the unit had ceased cooling, and Lake's residence reached a temperature of at least 96 degrees Fahrenheit. The heat caused Lake to suffer from hyperthermia, which caused circulatory failure and then death. The executor of Lake's estate sued the manufacturer of the air conditioner for damages resulting from breach of warranty.Was Lake's death a foreseeable consequence of the air conditioner's failure to operate properly?A long-time patient of Dr. Jones was admitted to the ICU. She was unable to respond and was having difficulty breathing. She required respirator support. Her son, her HCP, was called and came to the hospital. In discussion with the physician, the physician stated that he is aware of the patient’s wishes and suggests removing her from the respirator. The son said that he wants to keep his mother on the respirator. The physician insisted that he spoke with his mother at length and he knows that the patient does not want to be on a respirator. The son calls the Risk Manager to complain. You are the risk manager, what should be done?