Squishla fish case
Squishla fish case
Theappeal court held that Thomco could not be liable for negligentmisinterpretation to squish about la fish. The court failed to holdThomco responsible for the economic injury experienced by Squish LaFish because it relied on Georgia Laws that bars recovery in tort forpurely economic loss (Roger and Frank, 2013). Thomco should be liablefor the loss there was negligent supply of false information toforeseeable persons (Squish). Another reason Thomco should be heldaccountable is that Squish was reliant upon the false information,and all these alleged representations regarding the adhesive weresatisfactory to bring the company within the negligentmisinterpretation exception to the economic loss principle (Richard,2013).
Thomcointended to mislead squish about the adhesive used in packaging.Thomco, as a matter of fact, used his sales person, Kelly Guinsler tomislead Squish. Guinsler lied to court that he advised Muson (Propackpresident) to test the adhesives. Munson (Pro pack President)testifies in court that Guinsler did not tell him to test theadhesives and therefore, he did not test them. Guinsler asserts thathe was aware thought that the adhesive was sufficient (Meinerset al,2012). This testimony by Guinsler was done to save Thomco. It cannotbe regarded a good defense for Thomco to say that squish and propackshould have experimented adhesive before going into manufacturing.Thomco knew precisely that Squish La fish was a foreseeable user ofhis representations concerning the adhesives. It is clear to notethat Thomco meant an economic injury to both Squish La fish andpropack. In fact, Thomco through Guinsler should have recommendedpropack and Squish La fish to experiment the adhesives.
Meiners,R. E., Ringleb, A. H., & Edwards, F. L. (2012). Thelegal environment of business.Mason, OH: South-Western Cengage Learning.
Richard,A. (2013). Essentialsof business and the legal environment.Mason, OH South- Western Cengage learning
Roger,L. & Frank, B. (2013). Thelegal environment today: business in its ethical, regulatory,e-commerce, and global setting.Mason,OH: South-Western Cengage Learning