Gina wants to start her own company where she creates business attire for women.

Question

Gina wants to start her own company where she creates business attire for women. She wants to create a line of products made by women for women. One of her products is a stylish hat that when worn correctly warms the head so that when woman leave for work with wet hair they won't catch a cold. In fact this is one of the biggest selling points of the item following Gina's advertisement campaign that claims "Skip the flu/ Skip the sick days/ Get ahead at work with Firenzi's Fashionable Hats."

Shannon has always been fashionable. It is the first winter she will be working in Seattle so of course she wants a Firenzi Fashionable Hat. She buys one and wears it from time to time. However, she was not used to the cold Seattle weather and ends up getting sick and missing two weeks of work. Now she is behind at work and could potentially lose her job.

Shannon consults you as an attorney and wants to bring a product defect case and a misrepresentation case. Discuss Shannon's chances of winning under such claims. What additional information would you need to know to help you assess the case?

Explanation / Answer

Fact of the case-

1. Shannon is employed in seatle city which is on the west coast of United states.This city is the fastest growing major city in United State.

2.Working season is wintor in seatle and it is necessary to protect the body from getting cold.

3.Firenzi,s fashionable hat is from Gina company and her promotional campaign is "Skip the flue/Skip the sick days"

4.Shannon wears the firenzi's fashionable Hat as per the instructions is doubtful and statement further add that she wears it from time to time.

5.Shannon has missed the two week office work due to getting cold sick.

Cause of concern-There is possibility of loosing job due to persistant absentism for two week.

Conclusion of case study-

Product defect under misrepresntation act clearly define that a misreprentation is a false statement of material fact made by one party and which affect the other party decision in decision making process and agreeing to a contract. If it is proved than sale contract can be declared void and sufferer become eligible to seek damages. Here in this case Gina,in this case is defendant and shanon is aggrieved party is plaintiff.
Claims- Under this situation, Misrepresntation applies only to statement of fact,not to openions or predictions.it is well known fact that advertising campaign was claiming to keep flue under check by using firenzi,fashionable hat but as a matter of fact whether shannon is claiming innocent misrepresentation where it is the rule that defendant is making a false statement of fact and he is not aware at the time of sale contract that statement was untrue. The remedy in this situation is rescission of contract. So shannon can seek the compensatory claims.

Now if Shannon is claiming misreprentation under negligent and here it is true that Shannon has not varified the statement of fact while using firenzi,s fashionable hat , claim of getting "Skip the flue" and under this misrepresentation, there is violation of the concept of "reasobnable care" and it clearly says that a party must undertake it before entring into an agreement. The result of negligent misrepresentation is rescission of contract and possibly damages.

If Shannon is claiming damage under fraudulent misrepresentation where rule says that defendant is knowing that my statement of "skip the flue" is false or Gina,the defendant made the campaign in order to induce the customer to enter into sale conract. Under this misrepresntation also she can seek to void the contract and recover damages from the defendant.

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