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Prudence Whittaker owns a business called "Pru's Perfect
Prudence Whittaker owns a business called ?Pru?s Perfect Pies?, and she sells pies and other pastries in the town of Moulin Noir where she lives. Recently, she has had the opportunity to make a purchase of some apples which are not first quality but are in good enough condition, she thinks, to be cooked and used in her pies. The apples are stored in her kitchen and sit for several days before they are made into pies and pastries. At first, there doesn?t appear to be a problem, but a number of people in town are seen making rapid trips to the washroom after consuming some of Pru?s apple product. It seems that wherever these apples occurred, whether in pie, apples sauce, or strudel, their use created stomach and intestinal problems. This situation puzzles Pru because they were washed and thoroughly cooked and so should have removed or destroyed any bacteria. But did it? Pru has some remaining apples and sends them out for analysis; and she finds they have a rare, invisible fungus on them, which probably would not be detectable under ordinary inspection. Is there any tort here? What might it be? Be sure to identify what law applies here as your first step.
While talking with her attorneys about this issue, she becomes aware of the competition in town. Dan?s Delicious Donuts is new and part of a national franchise. They are located across the street from Pru?s establishment and right next to the rail commuter station. She fears losing a large portion of her morning trade. What to do? She talks about buying the franchise from the lady who owns the franchise, Mary Margaret Morgenstern. (Would she be able to use the slogan, ?Mary Margaret Delicious Donuts Melt in Your Mouth??) Pru instructs her attorneys to explore what the price would be. They return to her and say that her own nemesis from High School, Bilious Billy Brunetti, is back in town and has made an offer to Mary Margaret for her doughnut shop. This situation is now beyond completion and is intensely personal (although we don?t know exactly why). Substantial agreement has been made on the offer, and Pru is desperate so she doubles the offer, and Mary Margaret accepts her offer. Whew! But Bilious Billy thinks she?s committed a tort; which one might it be and why. If you were her attorney, what would you advise her? Tortious behavior or not?
This question was answered on: Feb 21, 2020
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