Question: ASSIGNMENT NO. 5 this case talk about if a fraud happens here by using and explain the elements of the fraud one b one Dexter
ASSIGNMENT NO. 5 this case talk about if a fraud happens here by using and explain the elements of the fraud one b one
Dexter LLC makes garden fertilizers.Their container has a label that states, "WARNING: POISONOUS. Please keep away from all children. This product is pet friendly."
Aiden went to the store to buy fertilizer for his backyard lawn, where he was greeted by Helen, sales person. The sales personnel get paid by the commission. The more they sells, the more incentive they earn.Helen represented to Aiden: "This product is so good that if you use it twice in quantity, it will give you results twice faster." Helen knew that this was not true and she stated this because she wanted Aiden to buy more product.Aiden wants flowers to blossom sooner and so he said to himself that it might be worthwhile spending the money and getting two bags of fertilizer, instead of just one. He then bought two bags. Helen made twice the commission.
Aiden used the fertilizer, and then placed the remainder in a corner in the backyard.He forgot to tighten the cover.The same afternoon, Poki, knocked over the fertilizer container and ate some of it.Poki died instantly.Poki was a snake, Aiden's only pet.
However, the lawn blossomed flowers twice as fast and Aiden is happy with the fertilizer's results.Of course Aiden mourns the death of Poki and wishes to bring a lawsuit against (1) Dexter LLC, and (2) Helen, the sales person.
Can Aiden bring a successful claim against each? Further, under what theories and specifically, what claims can he bring against each party?What are the challenging arguments he will face? Can he overcome those challenges?Analyze each claim as to each party applying the law covered in the class.
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
