Perfect example of why KK needs to cover their ass for any possibility.It’s not their fault this is a garbage country when it comes to ridiculous laws and jury verdicts.
Perfect example of why KK needs to cover their ass for any possibility.It’s not their fault this is a garbage country when it comes to ridiculous laws and jury verdicts.
In what legal and official way is he deemed a third party and not an agent of the company? He doesn’t have his own business license as an independent company, nor does he have any written agreement with KK as a reseller of their product that would limit their liability once the donuts leave their door.
A person who buys and uses something as a consumer and then resells it is clearly completely different than a kid who travels hundreds of miles to buy hundreds of donuts he never intends to consume and instead fully intends to resell.
Yes, and depend on the state and laws, it can be considered illegal if not handled according to the laws, such as not preparing foods in a licensed kitchen.
Actually depending on the state it may be illegal to sell home-made goods in a bake sale or anywhere else if the food is not prepared in a licensed kitchen.
That’s completely different and easily distinguishable from this situation. For one, you bought and used the car as a consumer and are reselling it. You are not an agent of Ford in the eyes of the law. This kid is not buying these donuts to consume himself. He is clearly buying them to resell.
In the eyes of the law a bar selling Jack Daniels is not an agent of Jack Daniels.
Doesn’t matter if the C&D is toothless. It removes him from being seen as an agent of their business in the eyes of the law and they cannot be held liable for his negligence through Respondeat Superior.
If they know he is reselling their product for profit, he is now an agent of their business. Anything negligent he does is now hung on KK as their negligence because he is a legal agent of their business, and Respondeat Superior deems his negligence to be theirs.
No, it’s and important part of regulations that needs to stay. Without it, businesses could easily side-step most or all regulations by first selling their products to a “private party” who then resells it in ways that would otherwise be illegal.
There are actually tons of state-level regulations around this sort of thing. In some states it actually is illegal to sell baked or home made goods if not prepared in a licensed kitchen, even if it’s for charity!
Take your star.
Probably. The store manager could deny all day of knowing what he was doing with the donuts as long as there was not traceable record. For all she knew, he worked in a big office that bought employees donuts every day.
This a legal liability issue, and a local bakery would do the same thing as KK if they were smart.
Just a donut... this kid accidentally taints somehow, getting someone sick. That person then sues KK and wins because KK knew he was doing it and thus it can be ruled the kid of a legal agent of their business when selling their product.
You’re wrong. If KK knows hes reselling their donuts using their brand, they can be held liable for his actions as a legal agent of their business.
No, you nailed it. They would absolutely be held liable if this kid tainted a donut and got someone sick.
One person gets sick from a donut this kid tainted while transporting and thy’re out millions of dollars.
Title should be, Krispy Kreme protects themselves from serious liability is dumb kid taints donuts and sell them under their name.
There’s laws that specifically cover things like bake sales and exempt them from regulations of regular for-profit businesses.