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Ken is a professional baker and his brother Ben is an experienced accountant. Together, Ken and Ben decide to do a new kind of cake

Ken is a professional baker and his brother Ben is an experienced accountant. Together, Ken and Ben decide to do a new kind of cake which they believe will make them rich. Ken buys the necessary kitchen and baking instruments to make the cake and Ben prepares all of the financial projections of how well this cake will sell and how much money they will make if it sells that well. Please answer and resolve each of the following situations with reasons:

  • Suppose that Ken uses an open blender without goggles which all bakers know is highly dangerous to use without protective eye goggles due to the machine's known tendency to suddenly shoot out contents.. There is no warning label on the blender to warn of this risk however. Ken is injured when a piece of apple shoots out of the blender and hits Ken in the eye. Ken sues the maker of the blender. As a lawyer for the maker of the blender, list and briefly explain two defenses you would use to defend your client against Ken's product injury lawsuit.
  • Same as the above except it is Ben who is injured while Ken observes him using the machine. Ben sues for his harm and Ken sues for his emotional distress of seeing his brother be injured so near to him. Briefly state and explain one claim that Ken can argue. Briefly state and explain how you think Ken's claim will do and why. As a lawyer for the blender company in this situation, how would you defend your client against the lawsuits by both Ben and Ken.
  • Suppose that both brothers are injured when the machine suddenly and without explanation or warning explodes burning them both. For various reasons, they end up suing the blender company four years later. What will be the result of their lawsuit and why?
  • Finally, suppose that one of the ingredients used in the making of this cake is called Natural SugarSalt, and that ingredient turns out to be spoiled causing many people who eat the cake to become sick. There are 5 companies who make this ingredient, but it is impossible to determine which one made this particular sample that was spoiled. The companies and the share of the industry they have is listed as: Acre 10% Bella 20% Candy 30% Dill 15% and Early 25%. If a judgment of $ 500,000 is awarded to the ten people who became sick, how much will each of the companies have to pay into that award and under what legal doctrine?

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