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Pillsbury Corporation makes biscuits, various types of rolls (e.g., crescent rolls, cinnamon), and pie crusts. Pillsbury had a contract with the local grocery store Poppin Fresh, where Poppin Fresh would purchase biscuits, various types of rolls, and pie crusts to sell at its store. Poppin Fresh agreed to pay $3,275 for the goods. On October 15, Pillsbury Corporation shipped 142 cartons containing all the boxes of biscuits, pie crusts, and various rolls. When Poppin Fresh’s manager, Doughboy, saw the cartons, he noticed that several of them were damaged.
- Discuss Poppin Fresh’s options upon receiving damaged cartons.
Pillsbury Corporation also has included language on its Facebook pages and company sites that indicates that if you click on “like,” download coupons, or enter a contest sponsored by Pillsbury Corporation, you lose your right to initiate a lawsuit against the company. If there are any issues with the product, the coupons, or the contest, you must arbitrate the matter.
- Discuss if the limitation is valid.
- Discuss if the type of limitation on pursuit of remedies is possible.