Raymond owns a bakery on main street that specializes in making custom cookies for special events. He has twenty years of baking and cookie decorating experience and has received numerous awards for his work. Clarice enters the bakery on morning to inquire about Raymond baking some cookies for her daughter’s birthday. The two enter into a contract in which Raymond agrees to bake two dozen cookies and decorate the cookies as characters from Clarice’s daughter’s favorite show. In their discussions, Raymond tells Clarice the cookies will be ‘approximately half a pound each’ in size. As they are in America, Clarice assumes that the half a pound size refers to the weight of the cookies, knowing that the size will vary as each cookie bakes slightly differently. Raymond, however, meant the half a pound size to signify that the cookies will be the size of a half-pound sterling, the primary currency in the United Kingdom. This measurement is significantly smaller than the half a pound in weight, but Raymond prefers to use this measurement when describing his cookies because he knows it can mislead the buyers into thinking the cookies are larger than they are. The day before Clarice is set to pick up the cookies, Raymond unfortunately is in an accident and broke both of his hands. As a result, he is unable to bake the cookies for Clarice. He therefore delegates his duties in the contract to his apprentice Martha. Martha has only been baking cookies for two years and her work is nowhere near as good as Raymond’s. She manages to make all of the cookies in time but when Clarice comes to pick up the cookies, she is disappointed in the result. She threatens to sue Raymond’s bakeshop and comes to you as her contract attorney to see if she has a case. In a letter to Clarice, please identify the following: • The potential legal claims Clarice may have against Raymond and why. • The potential defenses Raymond has against Clarice and why. • Your recommendation to Clarice as to whether she should pursue the lawsuit, including what damages may be available to her and why

Raymond owns a bakery on main street that specializes in making custom cookies for special events. He has twenty years of baking and cookie decorating experience and has received numerous awards for his work. Clarice enters the bakery on morning to inquire about Raymond baking some cookies for her daughter’s birthday. The two enter into a contract in which Raymond agrees to bake two dozen cookies and decorate the cookies as characters from Clarice’s daughter’s favorite show. In their discussions, Raymond tells Clarice the cookies will be ‘approximately half a pound each’ in size. As they are in America, Clarice assumes that the half a pound size refers to the weight of the cookies, knowing that the size will vary as each cookie bakes slightly differently. Raymond, however, meant the half a pound size to signify that the cookies will be the size of a half-pound sterling, the primary currency in the United Kingdom. This measurement is significantly smaller than the half a pound in weight, but Raymond prefers to use this measurement when describing his cookies because he knows it can mislead the buyers into thinking the cookies are larger than they are. The day before Clarice is set to pick up the cookies, Raymond unfortunately is in an accident and broke both of his hands. As a result, he is unable to bake the cookies for Clarice. He therefore delegates his duties in the contract to his apprentice Martha. Martha has only been baking cookies for two years and her work is nowhere near as good as Raymond’s. She manages to make all of the cookies in time but when Clarice comes to pick up the cookies, she is disappointed in the result. She threatens to sue Raymond’s bakeshop and comes to you as her contract attorney to see if she has a case. In a letter to Clarice, please identify the following: • The potential legal claims Clarice may have against Raymond and why. • The potential defenses Raymond has against Clarice and why. • Your recommendation to Clarice as to whether she should pursue the lawsuit, including what damages may be available to her and why

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In their discussions, Raymond tells Clarice the cookies will be ‘approximately half a pound each’ in size. As they are in America, Clarice assumes that the half a pound size refers to the weight of the cookies, knowing that the size will vary as each cookie bakes slightly differently. Raymond, however, meant the half a pound size to signify that the cookies will be the size of a half-pound sterling, the primary currency in the United Kingdom. This measurement is significantly smaller than the half a pound in weight, but Raymond prefers to use this measurement when describing his cookies because he knows it can mislead the buyers into thinking the cookies are larger than they are.

The day before Clarice is set to pick up the cookies, Raymond unfortunately is in an accident and broke both of his hands. As a result, he is unable to bake the cookies for Clarice. He therefore delegates his duties in the contract to his apprentice Martha. Martha has only been baking cookies for two years and her work is nowhere near as good as Raymond’s. She manages to make all of the cookies in time but when Clarice comes to pick up the cookies, she is disappointed in the result. She threatens to sue Raymond’s bakeshop and comes to you as her contract attorney to see if she has a case.

In a letter to Clarice, please identify the following:
• The potential legal claims Clarice may have against Raymond and why.
• The potential defenses Raymond has against Clarice and why.
• Your recommendation to Clarice as to whether she should pursue the lawsuit, including what damages may be available to her and why

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