Bill owns, operates and is the sole employee of a candy store called Bill's Candy Corporation. A batch of candy was sold past the best-before date. Who should the consumer sue as the responsible party?

Question

BlackTom AI · Accepted Answer

Examining the scenario, we’re looking at who bears responsibility when a batch of candy sold past the best-before date causes harm or risk to a consumer.
Option 1: 'Bill in his capacity as owner' — While Bill is the owner, liability is not automatically personal in a corporate setting. The corporation is a separate legal entity, and unless piercing the corporate veil applies (e.g., fraud, commingling assets, or misuse of the corporate form), the default is that the corporation bears the liability rather than Bill personally.
Option 2: 'Bill in his capacity as employee' — This is inconsistent with the facts as given. Bill is described as the owner and sole employee, so labeling him as an 'employee' creates a mischaracterization of his role. Even if treated as an employee, vicarious liability would typically be tied to the employer-employee relationship, but the more precise and prevailing liability exposure rests with the corporate entity itself when the business is organized as a corporation.
Option 3: 'In this scenario only the candy manufacturer is liable' — This asserts that the liability rests solely with the manufacturer, ignoring the retailer’s role in selling a dated product. Depending on jurisdiction and circumstances, both manufacturer and retailer can share responsibility. The store that sold the product after its best-before date can be liable for selling a hazardous or mislabelled product, making this option incomplete or incorrect here.
Option 4: 'Bill's Candy Corporation' — This correctly identifies the entity that, by default, bears liability for products sold by the business, since the corporation is the legal entity operating the store. Unless there’s a successful piercing of the corporate veil or evidence that Bill personally engaged in wrongful acts outside the corporation’s scope, the corporation is the party typically sued in product-safety scenarios involving sale of the product.

Bill owns, operates and is the sole employee of a candy store called Bill's Candy Corporation. A batch of candy was sold past the best-before date. Who should the consumer sue as the responsible party?

View Explanation

Log in for full answers

Similar Questions

Anderson was bribing RM50 000 to company XYZ to get the contract of supplying the computers of his company. If he is found guilty, the following are the other people that will be charged too under corporate liabilities except for ______________

The commercial organization and its management can be prosecuted because of allowing corruption to happen and failing to implement adequate procedures to prevent corruption from happening.

Allan was bribing RM50 000 to company XYZ to get the contract of supplying the computers of his company. If he is found guilty, the following are the other people that will be charged too under corporate liabilities except for ____________.

The commercial organization and its management can be prosecuted because of allowing corruption to happen and failing to implement adequate procedures to prevent corruption from happening.

Allan was bribing RM50 000 to company XYZ to get the contract of supplying the computers of his company. If he is found guilty, the following are the other people that will be charged too under corporate liabilities except for ____________.

A contract entered into by a corporation is enforceable:

In a consumer society, many adults channel creativity into buying things

More Practical Tools for Students Powered by AI Study Helper

Homework AI Solver

Stylized AI Paper Writer

Plagiarism Checker Assistant

Citation AI Academic Writing Tool

In-Class Translation Assistant

AI Note Generator

AI Quiz Answers

Past Exam Questions from University Test Bank

Smart Practice Assistant

Adaptive Practice

Making Your Study Simpler