Question
Use IRAC format to answer. Kim, a retired teacher, went to DairyShop to look for a bottle of organic peanut butter for her breakfast on
Use IRAC format to answer.
Kim, a retired teacher, went to DairyShop to look for a bottle of organic peanut butter for her breakfast on 1 September 2022. She was a great fan of peanut butter and has looked for many different brands in town. Mary, the shop assistant of DairyShop has introduced Kim a newly imported organic peanut butter product Peanut King, which was on average one-third more expensive than the range of similar products. Kim noted that on the wrapping of the peanut butter bottle, which read, 100 percent organic. Free from preservatives. As Peanut King was in a hot sale, there was only a few bottles left. Kim was very delighted that she managed to get hold of one, and so wanted to give a try. She read the words on the wrapping carefully and then went to the cashier. Later on, Kim discovered that she has left her wallet at home when she was at the cashier. As result, Kim was very disappointed. So without buying anything, she then went back home. Kim was very unhappy the whole night and decided to look for more information about Peanut King online.
In order to secure a bottle of Peanut King, Kim went to Dairyshop again in the early morning the next day. She saw there was only one last bottle left on the shelf, so she picked it up quickly, then went to the cashier for payment and left the shop with the bottle home. On 30 September 2022, after she had kept the bottle of peanut butter for a while in the kitchen, Kim was very excited to get her first taste of Peanut King for her breakfast and shared with her grandson John. Later that afternoon, she then started to develop rashes on her skin. As she continuously felt unwell, Kim went to see her family doctor, Dr. Lam, for medical treatment. Dr. Lam informed her that the rashes might be caused by the sensitive reaction to a preservative contained in the peanut butter. Upon returning home, Kim also found out that Peanut King was in fact not organic, but was of an inferior quality.
(a) Advise Kim about her possible rights under the sale of goods law. Use case law and/or ordinance to support your answers.
(b) Would you answer be any different if the bottle of peanut butter was in fact sold by Helen (a friend of Kim who is now a housewife) to Kim personally? Use case law and/or ordinance to support your answers.
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