Question
Srini Nair owns and operates a grocery store in Fort McMurray, AD. He has a number of employees including Regini Sharma, who is his assistant
"Srini Nair owns and operates a grocery store in Fort McMurray, AD. He
has a number of employees including Regini Sharma, who is his assistant
manager. Ragini has very limited authority to act on Srini's behalf. One
day while Srini is out of town, a distributor of produce offers Ragini a
great deal on fiddleheads, a delicacy from New Brunswick. Due to the
perishable nature of fiddleheads, the deal is only available for one day. As
Srini's grocery store caters to many transplanted New Brunswickers,
Ragini places an order. When Srini returns the next day and the
fiddleheads arrive, he rejects them on the basis that he has never heard of
anyone ever eating fiddleheads. Is Srini bound to accept and pay for the
fiddleheads? How should businesses like Srini's deal with the risk of
employees exceeding their authority to act on behalf of the business
Note on the Preparation of a Case
Step 1:
Read the case
Step 2:
Carefully read the assignment at the end of the case
Step 3. a:
Set out the elements that must be shown by the plaintiff for each
potential cause of action
b:
Analyse the case to determine whether each required element is
present for each potential cause of action
Demonstrate that your analysis and conclusions are based on
established principles of law
Show authority from case decisions or statutes for all propositions
of law that could be disputed by contrary arguments - sometimes,
the proposition is clear and there is no genuine basis for disputing
your conclusion that the requirement is met given the facts of the
case; sometimes, you will need to conduct primary legal research
and extrapolate from decisions in earlier cases
Step 4:
Note that sometimes it is also necessary to analyse whether there are
defences available that would eliminate or reduce the amount of
liability
Step 5:
Write up the case
The write-up should present your analysis and conclusions, and
end with your decision(s), showing that they are based on (and
consistent with) your analysis
Also:
Be sure to properly attribute all of the sources you rely o
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