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?

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