Preview

Coulter V. American Bakeries Co Case Study

Satisfactory Essays
Open Document
Open Document
173 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Coulter V. American Bakeries Co Case Study
Coulter v. American Bakeries Co.
Facts: Coulter, the Plaintiff, purchased donuts from the defendants American Bakeries Co. After eating a few of the doughnuts she felt something in her throat. She received X-Rays that day which showed a piece of donut containing a metal wire that subsequently caused her injury.
Issue: Is the defendant guilty of breach of implied warranty of merchantability due to the Reasonable Expectation Test?
Rule: Food to be merchantable must be fit for human consumption. The Reasonable Expectation Test states that if an object in the food is not reasonably anticipated by the consumer it constitutes breach of warranty and is unfit.
Analysis: If the defendant was undergoing orthodontic care and wearing braces, one

You May Also Find These Documents Helpful

  • Good Essays

    Plaintiff, for all times mentioned herein, was and is a resident of the County of Jackson, State of Missouri.…

    • 833 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In July of 2000 Curtis Williams was indicted by a grand jury in Williamson County, Texas for aggravated assault causing serious bodily injury. While under indictment, Williams traveled to Louisiana from Texas on a Greyhound bus. The bus Williams was traveling on was scheduled to make a stop at the Shreveport Greyhound Bus terminal on September 12,…

    • 857 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Michael Harrison Jr. the plaintiff filed a complaint with the EEOC against the defendant Killeen Fast- Food Restaurant (Wendy’s) for refusal to hire him based on his hearing impairment despite his qualifications. The EEOC filed suit in the U.S. District Court for the Western District of Texas Waco Division, the general manager of the restaurant refused to hire…

    • 746 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Hostess vs Bakers Union

    • 358 Words
    • 2 Pages

    The news story of Hostess going bankrupt and the Bakers union going on strike was very clear, but it was not completely accurate with sufficient depth and breadth. It is known why Hostess filed for bankruptcy, but there was not sufficient information as to what the Bakers union was expecting. From all of the news stories that I have read, it seems as if all of the facts are present except for the ignored fact of what the Bakers Union was demanding. The story did not consider alternative perspectives and worldviews. There were not any views debuted to the public, but the views of the company and a judge. A judge ordered mediation between Hostess and the Bakers union because the judge did not feel that all alternatives were taken into consideration. There is a questionable assumption that the company was holding back and not being 100 percent truthful and negotiating in good faith with the Bakers union. The implications that were being ignored were that of the company finally deciding to go bankrupt. The implications that were empathized were that of the 18, 500 Bakers union workers losing their jobs. It is important to make distinctions when undertaking a critical evaluation because not everyone involved knows all of the facts to make concrete decisions. If the Bakers union took the time to completely evaluate the predicament, they would have just taken cutbacks instead of losing their jobs entirely. The Bakers union looked at themselves in a different light, whereas the Hostess Company was accumulating more debt. The Bakers union did not want to compromise the benefits that they had and Hostess had to make an executive decision. Hostess was doing what was best for the company and their shareholders, while the Bakers union decided to go on strike demanding nothing less than the benefits already given. Which in turn, lead them to be without…

    • 358 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    4)The case we read in class that I enjoyed the most was State of Connecticut v. Cardwell. I primarily liked it because it best exemplifies the difference and complexity regarding the sale of goods and the helps reflect the distinction between a “shipment” and “destination” contracts. I disagree with the trial courts judgment that Cardwell sold tickets within Connecticut and thereby violated Connecticut statute. However, I agree with the judgment of the court after the appeal. The transfer of goods occurred in Massachuestes, therefore the sale of the tickets, as defined by the code, occurred in Massachusts.…

    • 97 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    In the Texas vs Cobb case a man named Raymond Levi Cobb was first arrested in 1994 and confessed to a home burglary. In this process he denied that he killed the woman and child in the home but later confessed to his father which his father then went to report this to the police. Even though Cobb later waived his Miranda rights and confessed he was still indicted and sentenced to death. Cobb argued to the Texas Court of Appeals that after his confession he was denied his right to counsel because his request for an attorney wasn’t renewed after the burglary case. The Court later said that the right to counsel carries onto the reason charged if any other offenses are closely related to the case. It was then declared with a five to four vote under…

    • 288 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Ruth Bader Ginsburg, born Joan Ruth Bader, was born in New York, New York on March 15, 1933. She was the daughter of Russian immigrants Nathan and Celia Bader. Her father owned a small clothing shop while her mother cared for Ginsburg and her older sister, who died of meningitis at age 6. Her mother took a vested interest in Ginsburg’s education. While Ruth was in school, her mother noticed many of the girls in her class were also named Joan, so she suggested that her daughter be called Ruth instead. At age 15, Ginsburg graduated from high school. Her mother died before she could see her graduate high school. Ginsburg met her husband Martin while she was attending Cornell University her freshman year.…

    • 1163 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In the early 1980’s in a small Podunk town of Ada, Oklahoma, a young woman named Debra Sue Carter, was savagely raped and killed in her own apartment after work at the local cocktail bar. Quickly, the town drunk was arrested in relation to the rape and murder with nothing more than a single “eyewitness” that placed him at the woman’s job that night. Many regulars to the bar said that “they would know if Ron Williamson was at the Coach Light and he wasn’t there.” They, in fact, named another man: Glenn Gore, the prosecution's main witness. Gore was also the man that Debbie’s friend said that she was afraid of and he was supposedly at Debbie’s apartment the night of the murder, according to the friend who received a phone call that night from Debbie. Gore was also seen being pushed away by the victim at the victim’s car the same night as the murder.…

    • 830 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In the case of Burwell v. Hobby Lobby, the Supreme Court made the wrong decision because a company is not a person and thus does not have the same rights as one. Hobby Lobby employs 23,000 people, all of which could receive all 20 state covered forms of birth-control. The owner of Hobby Lobby felt that certain forms terminated a life, which many doctors disagree with. Hobby Lobby claimed they were being forced to allow employees to receive these forms violated their religious rights and decided to pursue a court case against the United States Secretary of Health and Human Services, Sylvia Burwell.…

    • 526 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The first amendment in the Bill of Rights states “Congress shall make no law respecting…

    • 1358 Words
    • 6 Pages
    Better Essays
  • Better Essays

    In 2012, a family called the Greens ran Hobby Lobby, which is a craft store. This family are Christians and have strong faith in what they believe in. Being a very religious family, that they believe that giving or promoting contraceptives, will make them seem as if they are going against their own belief (Oyez, 2013). Contraceptives are artificial methods or various techniques to prevent pregnancy due to sexual intercourse, so the Greens family refuse to provide those things to their workers. This is where the Greens family is furious to give these types of protection to their workers, so they sued.…

    • 1166 Words
    • 5 Pages
    Better Essays
  • Good Essays

    A group of African-American youths were on a freight train through Alabama. They got into a fight with some white youths, throwing the white boys from the train. A message was sent, requesting all blacks be removed from the train. Two white girls on the train testified that they had been raped by six different youths in turn. The youths were taken into custody. The community was very hostile, as a mob met the youths. The trial judge appointed “all members of the bar” for the purpose of the arraignment. The defendants themselves were illiterate and “ignorant”. They were all tried separately, each trial lasting a day, convicted, and sentenced to death. Throughout the proceedings, none of the “Scottsboro” boys was allowed to contact their relatives, who lived out of State. On the day of the trial, an out-of-town attorney appeared for the defendants but announced that he could not formally represent them. The trial judge called on all the local lawyers present to assume responsibility for defending the nine young men, but only one agreed. The two lawyers had no opportunity to investigate the case or consult with their “clients.” All nine youths were found guilty by four separate juries, despite testimony from doctors who said they found no evidence of rape upon examining the women. Eight of the nine men received the death penalty. The convictions were appealed through the State courts of Alabama, and failing there, went to the Supreme Court.…

    • 658 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The death penalty, no matter your opinion on the practice of it, is a reality in thirty-one of the fifty states within America. With that being said, a group of people is exempt from being placed on death row due to the Atkins v. Virginia case; the mentally disabled. Bobby James Moore was convicted of capital murder in 1980. He shot a seventy-year-old store clerk in Houston, Texas and his sentence, affirmed on appeal, was execution. In 2001, after a court granted habeas, Moore argue that the Atkins v. Virginia case should apply to him.…

    • 830 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Summary: Baker V. Canada

    • 1312 Words
    • 6 Pages

    Baker v Canada [Minister of Citizenship and Immigration], [1999] explains the importance of “the best interest of child” in Canada Immigration proceedings. Mavis Baker, a Jamaican woman entered Canada as a visitor in August of 1981, after the expiration of her visitor’s visa, Ms. Baker lived illegally in Canada as a live-in-worker to support herself and children for 11years. Though, Ms. Baker had four children in Jamaica before visiting Canada, she however gave birth to four other children in Canada namely, Paul Brown, 1985, twins Patricia and Peter Robinson, 1989 and Desmond Robinson, 1992. Following the birth of her last child, Ms. Baker was diagnosed with paranoid schizophrenia after suffering an attack of post-partum psychosis. Her illness…

    • 1312 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    On May 22, 1996, two days after the incident, the plaintiff, who was not scheduled to work that day, returned to the restaurant curious to determine whether there was any hostility toward him resulting from his having called the Department of Health. The plaintiff testified that he was summarily ordered by David Badot, the restaurant’s manager, to come into his office and that Badot proceeded to shout at him while inquiring whether he had contacted the Department of Health. The plaintiff testified that he shouted back at Badot and acknowledged that he had indeed called Department of Health. Badot then accused the plaintiff of stealing one of the defendant’s softball team shirts and of taking a work schedule home.…

    • 757 Words
    • 3 Pages
    Good Essays