Question
L'enfantLtdwas a manufacturer ofaction figures and dolls.For the Spring seasonit produced and offered for sale through its retail distribution channels asoftbunny. The doll was made
L'enfantLtdwas a manufacturer ofaction figures and dolls.For the Spring seasonit produced and offered for sale through its retail distribution channels asoftbunny. The doll was made ofcottonand wore acolourfuljacketwith a fewtiny buttons.AtthePetitDepartment Store,Mrs.Leepurchased one of thebunniesforhersix-year-old granddaughter. The child was delighted with the toy and played with it for many hours. About a week afterreceiving the bunnythe child's mother noticed two of the buttons missing from the front of thejacket of the bunny. A thorough search of the house did not turn up the buttons. Later that day, as she supervised the child's play, the motherhad to answer a phone call. While the mother was on the phone, sheobserved the little girl pulling a button off thejacket on the bunnyand placing it in her mouth. Beforethe mothercould reach the child to retrieve it, the button had been swallowed.The child's mother took her to a doctor, X-rays were performed that showed the buttons were lodged in her upper intestinal tract, blocking her entire digestive system. Immediate surgery was required to remove the buttons. The child required considerable postoperative care at home, resulting in substantial time lost from workand out of pocket expenses(such as parking expenses when they returned to the hospital for follow-up appointments)for both parents.L'enfant Ltd,the Petit Department Store, Mrs. Lee, thechildandthe child'sparentsarein Toronto.
Pleaseadvise the child's parents:
(a) Who should thechild'sparents sueandwhy?
(b) Discuss the nature of the legal action which may be taken in this case, including the remedies and damages sought.Discuss the legal test and analyze each step.
(c) What is the name of the legal document thatthe lawyer of the child's parents must preparein order tostart a legal action?
(d) Is anydefenceany availableto L'enfant Ltd?
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