Question
Kathy Reynolds lives in the Province of Ontario. She is a sole proprietor and owns a small vegetable growing business whereby she grows fresh farm
Kathy Reynolds lives in the Province of Ontario. She is a sole proprietor and owns a small vegetable growing business whereby she grows fresh farm grade tomatoes, onions, and lettuce. Kathy generally sells her goods every Sunday at the Farmer's market on Front Street. Kathy also contracts with various restaurants throughout the city of Toronto to provide them with her fresh vegetables. On November 25, 2021, Kathy met with the owners of Astoria Restaurant who were looking for a new farm vendor, and came to an agreement to provide them with 10 crates of tomatoes at a price of $395.00 + HST. If they were happy with the tomatoes, they would contract with Kathy for more tomatoes in the future. Kathy agreed to provide and deliver the tomatoes to the restaurant on November 30, 2021. Unfortunately, to Kathy's horror, on the day she went to pack and deliver the tomatoes, she discovered that her vegetable nursery had been infected by a mold that made her vegetables inedible. Kathy investigated the mold issue and discovered that the tomatoes were infected without her knowledge at the time the contract was made and had fully perished. When she informed the owners of Astoria Restaurant, they were very unhappy and said that they would sue her. As a result, they sued for $395 + HST plus the additional cost of $2000 for a last-minute contract that they had to enter into with another farmer to get tomatoes on time for their business. Kathy is seeking the help of your firm for her defense. Memorandum Instructions: (a) State an introduction (paragraph form) (b) Summarize the above facts (point form with bullets) (c) Define the legal issue in this case (e.g. The legal issue in this case is whether...) (d) Find a statute applicable to support the claim (Fully cite statute and applicable section(s)) (e) Find a case to support the claim (Fully cite case and applicable paragraph(s)) (f) Draft a discussion stating your view on the matter (Discussion must be in paragraph form and be comprehensive, relevant, and sensical) (g) Summarize your conclusion (Summary must be in paragraph form and be comprehensive, relevant, and sensical)
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