Torts Law

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DQ 6    TORTS 2 Ashley is a very busy and very poor law student, who does not have time to cook meals for herself. Conveniently, just down the street from her apartment is a fast food joint run by Nutritious Burger Corp., a nation-wide corporation.  The burgers at Nutritious Burger are (to Ashley) delicious, and remind her of her mother’s homemade cooking when she grew up.  Nutritious Burger burgers are also affordable, and Ashley particularly likes ordering off its “cheap and healthy” menu.  Ashley eats a burger at Nutritious Burger four to five times a week. Nutritious Burger develops all of its products, ingredients, promotions and advertisements. Nutritious Burger markets its food as nutritious.  In fact, Nutritious Burger burgers contain high levels of cholesterol, fat, salt and sugar.  Nutritious Burger further engages in marketing to entice busy students, such as Ashley, to purchase “cheap and healthy” menu items without disclosing the ingredients of its burgers. Nutritious Burger’s website claims that “Nutritious Burger can be eaten every day as part of a balanced diet and lifestyle.” Nutritious Burger also advertises the “real” milk in its milkshakes as containing “Wholesome milk, natural sweeteners, a fluid ounce of flavoring, and stabilizers for consistency. And that's all.” In fact, Nutritious Burger’s own ingredient booklet shows that a typical shake, such as vanilla or strawberry, actually contains artificial flavor and sodium benzoate and sodium hexametaphosphate, two chemical preservatives.  Ashley drinks Nutritious Burger milkshakes on occasion. Recently, Ashley developed coronary heart disease, high blood pressure, and elevated cholesterol. Doctors concluded that Ashley’s health problems were directly linked with her steady diet of Nutritious Burger over a 5 year period. Please prepare a memo outlining what claims, if any, Ashley might have against Nutritious Burger.
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