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Belgium makes fine chocolateThey create unique works of art for sale to their rich customers. As they have so many different models of chocolate, they

Belgium makes fine chocolateThey create unique works of art for sale to their rich customers. As they have so many different models of chocolate, they sell solely on the basis of weight: $5.00/100g One day, Mr. Rich arrives at the store. The following day is his 100" birthday, he decides to place a large order and goes around a picks out 100 of the chocolates on display. He says that he will be back tomorrow to pick up the chocolate. As this is a large orderthey sign a written contract where Mr. Rich agrees to whatever the price is for the chocolates, and leaves. It was a major sale. He says he will be back at noon the next day to pick up his chocolates. Immediately after he leaves, Belgium Inc. collects his order and starts to weigh it. It takes most of the afternoon for them to weigh the chocolates. Later that day, they call Rich and advise him that they have weighed the chocolates, they are ready, and the price for them will be $10,182.43. Mr. Rich advises that he will come and pay with a certified cheque. Five days later, a thief enters the store and steals all of the chocolates. Rich arrives a week later he gives Belgium the cheque. Belgium then tells him that a thief stole his chocolates. They refuse to return the cheque Mr. Rich is outraged. Why should have to pay for something that I didn't get. I am going to sue!"

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Part A: What is the issue/area(s) of law raised in this case? (2 marks) Part B: What legal rules will you use to analyze this fact situation? (3 marks) Part C: Apply the law to the facts of this case, and indicate whether you think Mr. Rich will be successful in his action, based on your complete legal analysis if the case. Fully explain your answer (5 marks) Part D: Would the result be different Belgiun Inc had agreed to create and deliver special chocolates, and they had been stolen prior to Belgium Inc. actually delivering the chocolates? Why or why not? (1 mark)

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