Question
1- Tim Horton's operates several franchise locations in Victoria Island.Among the products that Tim Horton's sells to patrons is orange juice.Tim Horton's obtains the orange
1- Tim Horton's operates several franchise locations in Victoria Island.Among the products that Tim Horton's sells to patrons is orange juice.Tim Horton's obtains the orange juice product from a supplier, Florida Orange Juice Co., which provides orange juice in clear bulk containers that Tim Horton's inspects once it receives them.Tim Horton's national headquarters then packages the orange juice in individual clear glass bottles and places the Tim Horton's logo on the bottle.The bottles of orange juice are then shipped to the various franchises for eventual sale to customers.
Jane Brown purchases a bottle of orange juice from a local Tim Horton's franchise in Victoria and then leaves the premises to head to work at a construction site.At mid-morning, she opens the bottle of orange juice and consumes half the contents.She then notices a slushy sound in the bottom of the orange juice bottle that is now half consumed.Upon closer inspection, she notices what appears to be very small bits of glass floating in the bottom of the orange juice bottle.The exterior of the bottle appears intact; it is the inside of the bottle where small pieces of glass seem to have dislodged from the bottle, or otherwise made their way into the bottle during the bottling process.The bottle does not appear to have been tampered with.
Jane is concerned that she may have consumed some of the glass.Later that evening she goes to the bathroom and notices that she is bleeding from her bowels.She attends at the emergency room of the Queen Elizabeth Hospital and has examinations and x-rays performed.She has suffered some bleeding of the bowels as a result of consuming glass chards, but the glass appears to have been expelled and there are no long term ill-health effects.She is, however, experiencing some shock and anxiety from the experience.
Discuss what right or liabilities any of the parties may have.Discuss whether there is any additional information that you might need.
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2- List the elements of a binding contract AND define each element.
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3-Define "counteroffer".Explain how a counteroffer might arise.Discuss the legal significance of a counteroffer on a prior offer.
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