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Duty of Care...Ginger beer; and a snail...

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    Duty of Care...Ginger beer; and a snail...

    Parsley,

    I was just reading an article about a snail!

    A quote:

    "Almost every Canadian law student knows the case by name: Donaghue v. Stevenson, because it's one of the first cases taught in Tort Law 101. The case involved a Ms. Donaghue who went to a soda shop and drank a bottle of ginger beer before noticing the remains of a dead snail at the bottom.

    When Donaghue tried to sue, she found that she could only take a manufacturer to court if she had a contractual relationship with them, or if she could allege that the drink maker had misrepresented the product. Neither applied in her case.

    "So the question the court had to answer was: did the manufacturer owe a duty to people who use the product even though there was no explicit contract? " Hutchinson explains.

    The court decided that yes, indeed a manufacturer needs to take care with the products it sells to all its consumers."

    Question:

    When the CWB represents its services as 'maximising' grower prices paid to grain growers... and there is a 'snail in the bottom of the ginger beer' each time we buy their product... why can't we take action against the CWB???

    Why have I never heard of this most simple elementary defense used to protect our common law right to the CWB providing 'duty of care' when providing us services?

    #2
    The CWB is governed by legislation, Tom, which directs/allows the CWB to sell the grain offerred to the CWB, for what they think "is reasonable"

    Now what court/judge/lawyer in any country in the world, when hit with that defense, can argue with the CWB's definition of "reasonable"?

    It's so cold here this morning, the cats won't come from the barn. How about in your corner of the woods? pars

    Comment


      #3
      Parsley,

      Minus 21 C here... not too bad.

      It is only 'reasonable' that the CWB pay 'premium' prices if they specify and claim these are the objective and outcome of their managers and sales systems.

      If they can not provide the services promised... logically the CWB claims they are actually extracting a premium grain price for my family and farm rationally should STOP.

      Comment


        #4
        Tinker,
        You go on a dating line. You pay a fee. The site claims it caters to professionals and is screened.

        A girl's entry tells you she is beautiful and she looks darn good.You make reservations and order a dozen roses and set out.

        You meet her. She is 3'11, is 71, has no teeth and is a professional bedbug exterminator.

        Should you get your money back? LOL. It's all in the expectation, lad. LOL PS I liked the snail case. Pars

        Comment


          #5
          Parsley,

          If the CWB is a 'dating line'... fine.

          It is not... and is not a choice for me... so this is not a relevant comparison to discount the actual problem.

          If CWB directors 'love' the single desk... whatever... if it is the law in Canada... it must under western Canadian common-law governance provide 'duty of care' to not misrepresent performance and what the CWB's purpose is.

          As far as I have been able to determine... the CWB fails on all points... it misrepresents why and how it performs the duties parliament authorises it to carry out.

          Comment


            #6
            CWB "supporters" 'love' the single desk.

            youprettymuchgotthatonetomlol

            Comment


              #7
              Sue'm Tom, you know whats right fer
              Comedian farming. Sue'm, I'll send ya a
              dime to help pay fer yer lair to du his
              work on yer case!!!! Lemme know when/
              where to send the cash?

              Comment

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