Question: Question 1: (PLEASE JUST ANSWER QUESTION 2 BELOW - QUESTION 1 IS TO BE USED FOR POINT OF REFERENCE TO ANSWER QUESTION 2) Famous Fruit
Question 1: (PLEASE JUST ANSWER QUESTION 2 BELOW - QUESTION 1 IS TO BE USED FOR POINT OF REFERENCE TO ANSWER QUESTION 2)
Famous Fruit Juice (FFJ) is a manufacturer of fruit juices. FFJ makes a Cranberry Juice that is 40% Cranberry Juice and 60% a combination of Apple, Orange, and Lime Juices and contains small amounts of artificial sweeteners. All of the ingredients are clearly included in the list of ingredients on the back of the label on each bottle of juice. The front of the label identifies the juice as 100% All Naural. FFJ sells its products primarily in grocery and corner stores in 10 different markets. The owner of Smiths Corner Store in Capital City, California sells FFJ Cranberry Juice. California has a reasonable person standard when assessing truth-in-advertising claims. The owner of Smiths Corner Store added a sign below the shelf holding FFJ Cranberry Juice that stated, in part, 100% Pure Cranberry Juice.
Steven Adams purchased FFJs Cranberry Juice from Smiths Corner Store and gave it to his children, one of whom has a mild Apple allergy. Steven Adams son felt irritation in his mouth immediately after consuming the FFJ juice and was taken to the hospital where he was administered anti-allergy medications that quickly resolved his irritation.
Steven Adams is considering pursuing a lawsuit due to the reaction that his son had. Please answer the following three questions:
- What claim(s) does Steven Adams have?
- Against whom can he pursue those claims?
- Whether or not you think FFJ has liability exposure here, what could FFJ have done to further protect themselves from that liability exposure?
In answering these questions, please list all possible claims, all possible defendants, and all of the legal theories necessary for those claims. Dont forget to address question 3!
Question 2
Same facts as question 1, except this time the Executive Vice President of Sales and Distribution for FFJ has contacted all other fruit juice distributors in Capital City and the group has agreed that it will sell 12-ounce bottles of Cranberry Juice for no more than $2.50/bottle. Less Famous Juices (LFJ), a manufacturer of all-natural, organic juices, is attempting to break into the Capital City market with a 12-ounce bottle of 100% Cranberry juice that will retail for $3.50/bottle. LFJs salespeople become aware that FFJ and the other distributors have agreed to price juice at no more than $2.50/bottle. What should LFJ do?
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