With the onset of exam time at UOFT, you decide to try to whip up some more sales. You post a picture of a student eating a Bat Dog on your social media accounts. The caption reads "Need a Brain Boost? Eat A Bat Dog and Ace Your Exam". A guy named Clark Kent who has been tuning into Big Blue Button all term (but actually playing video games instead of paying attention), decides he needs whatever help he can get to pass his commercial law exam. He buys 20 Bat Dogs and eats them an hour before the exam. Unfortunately, he gets very sick during the exam and keeps having to go to the washroom. He fails the exam. Sadly, he needed this class to graduate and now he has to cancel his flights back home to Smallville and stay in Toronto for one more term just to take this class again. What is his best claim against you? Why? What is themost likelyoutcome?

Select one:

a.

He should claim against you for negligence. You owed him a duty of care and did not act reasonably by starting the rumour that Bat Dogs improve your performance. He will lose because on an objective standard Bat Dogs contain a mixture of protein, fat and carbohydrates that actually can improve your performance.

b.

He should claim against you for a deceptive act under theBusiness Practices and Consumer Protection Act. He will lose, because he didn't actually believe the Bat Dogs would help him and it's his own fault he got sick.

c.

He should claim against you for breach of fiduciary duty. He will win because you owe all your customers a fiduciary duty to look out for their best interests. You will have to disgorge all your profits from selling Bat Dogs, plus pay his tuition costs for next term.

d.

He should claim against you for a deceptive act under theBusiness Practices and Consumer Protection Act. He will win and get his money back for the 20 Bat Dogs he bought, plus the cost of his accommodation and tuition for one extra semester and you will be sent to prison for up to 2 years.

e.

He should claim against you for a deceptive act under theBusiness Practices and Consumer Protection Act. He will win and get his money back for the 20 Bat Dogs he bought and you will be fined $1,000.