Ms. Daisy, an eccentric multi-millionaire from the fruits of her highly successful adjustable bed invention, has developed what she believes to be a brilliant solution to male hair loss. It works with a combination of twenty essential nutrients, some roots, barks, and herbs like those found in Hires Root Beer, and a bio-chemical substance that energizes long-dormant hair follicles and turns them into veritable hair factories. She has merged all of these into a single pill taken daily by the user. She believes that all the constituent elements of her formula as listed above are necessary to make her product work most effectively. New growth appears in about two weeks, and a head of hair as robust as Samson's emerges in about two months. To keep that head of hair, however, the user must continue taking the pills daily, apparently for life. Ms. Daisy has kept the formula for her combination of ingredients secret, but she does advertise the basic ingredients of her formula in general terms as listed above. She calls the product "Hair Today" (her slogan: "Hair Today, not gone tomorrow... with daily use.") and intends eventually to sell it in fine varieties, drug, and grocery stores everywhere. Her roll-out has begun with the placement of her product in a D-Mart ("D-M") store near her home thanks to the fact that the manager of that store is a good friend of her cousin. To initiate purchase of Ms. Daisy's product by this D-M store, the manager presented Ms. Daisy with D-M's boilerplate (form) vendor contract that leaves quantity open-ended ("As much as D-M shall order in the current calendar quarter of this year."), states the price per unit, and requires the vendor to warrant that the product sold is "free from all defects in design and manufacture and specifically suitable for the type of use for which Vendor's advertising and promotional materials state that it is suitable." Ms. Daisy signed the contract under her d/b/a name, "Flower Products." The manager also signed for D-M. The sale of Ms. Daisy's product in that store has apparently triggered the interest of D-M senior executives, and Ms. Daisy is very excited that she has been called by them to a meeting tomorrow morning to which she has been asked to bring her attorney. Ms. Daisy believes that D-M wants her lawyer along so that its executives can negotiate a special nationwide contract with her. Ms. Daisy has also received what she describes as a "funny" (meaning, in the language of folks her age, "strange") letter from Hires General Counsel telling her to "cease and desist from using Hires' name in connection with the sale of (her) product" or face litigation. She says that she does not understand what has gotten them so upset: She thought that they would be happy with the additional publicity—after all, they have a way to go to catch up to Bob's Root Beer! On the way to the meeting Ms. Daisy leaves her car's motor running while she enters a Kwik-Pik Store. The car's transmission engages, and the vehicle crashes into a gas pump, starting a fire that spreads to a warehouse on the next block. The warehouse collapses, causing its billboard to fall and injure Mr. Lou, a bystander. Ms. Daisy is not injured and arrives at the meeting on time. 

 

What are Ms. Daisy's issues, liabilities and potential damages, if any for her Hair Today product? 

 

What are Ms. Daisy's issues, liabilities and potential damages for her car's crash into the gas pump? 

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Lets break down Ms Daisys issues liabilities and potential damages for both her Hair Today ... View the full answer