Question
Scenario: One of your clients, John Dunnit, has come to you for some legal help. You ask your client what has happened. our client tells
Scenario:
One of your clients, John Dunnit, has come to you for some legal help. You ask your client what has happened. our client tells you that he has gotten himself in some trouble. He explains to you that he is a partner and the warehouse operator of a company by the name of Arctic Storage (Arctic). Arctic is a warehouse company that receives frozen goods (such as frozen turkeys) from companies such as Poultry Farms and Cargill before they are distributed to grocery stores, which have entered into contracts with Arctic.
Your client explains to you that some of the freezers that held frozen turkeys had broken down, causing some of the frozen turkeys to thaw out. Your client stated he thought the turkeys had become unfrozen, but he didn't want the company to be liable for any losses. Your client decided to refreeze the birds in order to ship them later, unaware whether or not the birds may have become spoiled. As Thanksgiving drew near, some of the grocery stores had complaints about spoiled turkeys. The spoiled birds were traced back to Arctic, where your client was in charge. Poultry Farms, who actually produced the turkeys, has had bad publicity and brand name recognition has fallen considerably. Poultry Farms is now suing Arctic for its losses and your client's company may be in jeopardy. All hope seems lost, but your client tells you that even though there are contracts with the grocery stores, there is no contract with Poultry Farms, which may limit Arctic's losses.
You visit with your supervisor, Ms. Johnson, who recalls a similar federal court case that arose out of Michigan. Your job is to read the facts and results of the case, and decide the impact(s) of your client's actions. One potential source to find the case is Findlaw atwww.findlaw.com. There are other sources you may use. Once you have read the material, answer the following questions in memo format.Information about memorandum formats is at https://owl.purdue.edu/owl/subject_specific_writing/professional_technical_writing/memos/format.html. Please address the memo to your supervisor, Ms. Johnson.
- Describe the process and results of your research.
2.) Based on the facts and results of the case, does Arctic owe a duty of care to Poultry Farms even though there wasn't a contract involved? Explain your answer.
3.) What options are available to John Dunnit and Poultry Farms? Which option do you recommend and why?
4.) Was it ethical for John Dunnit to refreeze the birds without telling the grocery distributors or Cargill? What may have happened if a small child would have become extremely ill or even died because of the food poisoning? Do you think Cargill will ever be able to regain their reputation of having a good product? If so, how long might it take?
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