Lisa and Sarah have been close friends for several years. Sarah’s birthday is approaching, and
\nLisa wants to surprise her with a special birthday cake. Lisa decides to order a custom cake from
\nBlissful Bakes, a local bakery known for their delicious and beautifully designed cakes.
\nOn June 28, 2024, Lisa stops by Blissful Bakes and speaks with Mark, the bakery’s owner and
\nhead baker. She explains that Sarah loves chocolate cake with caramel filling and requests a
\ndesign that reflects Sarah’s passion for photography. Mark suggests a cake shaped like a vintage
\ncamera, decorated with edible fondant and sugar flowers to match Sarah’s favorite colors, blue
\nand lavender.
\nMark and Lisa discuss the specifications and pricing. Lisa accepts the quotation and confirms
\nthat she would like to order the cake.
\nMark, known for his creative approach to baking and customer service, had recently started using
\nChatGPT\u2014a cutting-edge AI platform\u2014to draft contracts quickly. Eager to impress Lisa with
\nhis new tool, Mark initiates a conversation with ChatGBT to draft the contract for the cake order.
\nUsing ChatGPT, he provides the details of the cake order:
\n\u25cf Cake Description: Blissful Bakes agrees to create a custom birthday cake for Sarah. The
\ncake shall be:
\n\u25cb Flavor: Chocolate cake with caramel filling.
\n\u25cb Design: Shaped like a vintage camera, decorated with edible fondant and sugar
\nflowers in blue and lavender colors.
\n\u25cf Price: The total price for the custom birthday cake is $250 CAD, inclusive of delivery to
\nLisa’s apartment on the day of Sarah\u2019s birthday, July 10, 2024 .
\n\u25cf Delivery: Blissful Bakes shall deliver the birthday cake to Lisa’s apartment on July 10,
\n2024. Lisa will provide the exact delivery address and any specific instructions for setup.
\n\u25cf Payment: Lisa agrees to pay the full amount of $250 CAD upon delivery of the birthday
\ncake.
\nAfter processing the information, ChatGPT generates the attached Custom Birthday Cake
\nContract. Mark signs the contract and presents it to Lisa while she is on her phone. She quickly
\nsigns it without reading it thoroughly. Before Lisa leaves the bakery, Mark assures her that the
\ncake will be delivered and will exceed her expectations.
\nThe evening before Sarah’s birthday, Mark meticulously sculpts the camera out of chocolate and
\ncarefully crafts each blue and lavender flower by hand. Hours fly by as Mark loses himself in the
\nartistic process, occasionally humming tunes from his favorite baking show for inspiration.
\nFinally, after a marathon baking session that saw him covered in flour and sporting a few sugar
\nflower petals in his hair, Mark steps back to admire his masterpiece. The cake stood proudly on
\nhis bakery counter, a testament to his dedication to both baking and the arts.
\nThe next day, Lisa is busy setting up for the party, which is to begin at 1:00 p.m. Mark, known
\nfor his punctuality, arrives at Lisa’s apartment a full four hours before the party is set to begin.
\nLisa is surprised by the early arrival, and opens the door with a mixture of excitement and slight
\nconcern.
\nMark proudly presents Lisa with the birthday cake. Lisa is surprised to see that the cake is
\nshaped like a digital camera rather than the analog film camera she had envisioned. Knowing that
\nthere would not be enough time to make a new cake and not wanting to cause any delays, Lisa
\npays the full amount of $250 CAD to Mark, who graciously accepts the payment and helps Lisa
\nplace the cake on the dining table.
\nAs the day progressed, so did the temperature. The summer sun blazed high in the sky, causing
\nLisa’s apartment to warm up faster than expected. Lisa, caught up in last-minute preparations, did
\nnot notice the gradual heat creeping into the room.
\nHours passed, and as Sarah’s arrival time drew near, Lisa finally checked on the cake. To her
\nhorror, the cake had succumbed to the heat. The chocolate lens had melted into a puddle, and the
\nfondant flowers had wilted and lost their shape, transforming the elegant design into a messy,
\nunrecognizable heap.
\nLisa panicked, realizing that there was no time to salvage the cake. She frantically called Mark,
\nhoping for a miracle. However, Mark was unavailable, tied up with urgent bakery tasks and
\nunable to come to Lisa’s aid.
\nDesperate and on the verge of tears, Lisa attempted to reshape the melted chocolate and salvage
\nthe remaining fondant, but her efforts only made the situation worse. The cake, once a
\ncenterpiece of the party plans, now looked like a melted disaster.
\nSarah arrived at Lisa’s apartment, greeted by a scene of frantic apologies and a cake that was a
\nfar cry from the elegant analog camera Lisa had ordered. Despite the mishap, Sarah reassured
\nLisa that the thought and effort behind the surprise meant more to her than any perfectly crafted
\ncake.
\nThe following day, Lisa called Mark. She expressed the frustration she felt when Mark arrived
\nwith a digital camera-shaped cake instead of the analog camera she had envisioned. “I said
\nvintage camera, who thinks of a digital camera?” Lisa exclaimed, clearly upset by the
\nunexpected design. Lisa went on to comment that Mark’s early arrival exacerbated the situation,
\ncausing the cake to deteriorate before the party even began. “You told me the cake would exceed
\nmy expectations! Instead I ended up with a lopsided mess, resembling a mishmash of camera
\nparts rather than the elegant homage to photography I had hoped for!\u201d Lisa shouted into the
\nphone. Lisa asserted her intention to seek a full refund for the cake, and alleged that there had
\nbeen a fundamental breach of the contract between her and Blissful Bakes. Before hanging up
\nthe phone, she emphasized that if Blissful Bakes did not comply with providing the refund, she
\nwould consult with her lawyer to explore further legal action.
\nMark disagrees with Lisa\u2019s assertions. It\u2019s 2024\u2014 surely anything more than a decade old
\nqualifies as \u201cvintage\u201d in today’s fast-paced tech world? Mark had only agreed to deliver the cake
\non the day of the party. If Lisa wanted it delivered at a certain time, she should have said so!
\nMost people would have appreciated his early arrival. Mark cannot control the weather, and Lisa
\nshould have known to put the cake in the refrigerator on such a hot day. As for Lisa\u2019s assertions
\nregarding Mark\u2019s comment that the cake would \u201cexceed\u201d her expectations, this is just something
\nMark told all customers to help them feel confident in his cake decorating abilities.
\nInstructions
\nQuestion 1 – 15 Marks
\nPlease review the contract and consider the 6 essential elements that must be present for a
\ncontract to be legally binding, and whether they are met in this case. If there is additional
\ninformation you think you would need from Lisa or Mark to properly answer the question, or if
\nyou are making any assumptions in your assessment, please note this in your answer.
\nQuestion 2- 20 Marks
\nPlease review the contract from the perspective of Blissful Bakes and provide advice to Mark on
\nthe terms of the contract. In answering this question, consider the following:
\n\u25cf What are the key obligations of Blissful Bakes under this contract?
\n\u25cf How does the contract specify the cake’s description, price, delivery arrangements, and
\npayment terms?
\n\u25cf Is there anything missing in the contract that you think should have been included?
\n\u25cf How does the \u201cNo Refund or Legal Action\u201d clause benefit Blissful Bakes? Are there any
\npotential challenges to enforcing this clause?
\n\u25cf How could Mark have better protected Blissful Bakes\u2019 interests?
\nQuestion 3- 10 Marks
\nIs Mark bound by his statement that the cake would \u201cexceed\u201d Lisa\u2019s expectations? Why or why
\nnot?
\nQuestion 4- 25 Marks
\nDid Mark make any misrepresentations to Lisa? If so, what kind of misrepresentation was it,
\nwhat term was misrepresented, and what remedy would be available to Lisa? Provide a
\nperspective and argument for both Lisa\u2019s claim of misrepresentation and Mark\u2019s possible
\ndefense.
\nQuestion 5- 15 Marks
\nIn reviewing the contract from the perspective of Blissful Blakes, would you advise Mark to
\nprovide the refund? Why or why not? Discuss both legal and business-related implications you
\nthink he should consider in making his decision. What practical advice would you give to Mark
\nbefore entering into similar contracts?
\nQuestion 6 – 15 Marks
\nPlease review the contract from the perspective of Lisa. What practical advice would you give
\nher before signing this contract? How could Lisa have better protected her interests while dealing
\nwith Blissful Bakes?
\nCustom Birthday Cake Contract
\nThis contract (“Contract”) is entered into on June 28, 2024, between:
\nLisa Johnson Address: 1124 Avenue X Regina, Saskatchewan. Phone: 306-555-5555
\n(“Client”)
\nand
\nBlissful Bakes Address: 1892 Avenue Y Regina, Saskatchewan. Phone: 306-222- 2253
\n(“Bakery”)
\nBackground: Lisa Johnson wishes to surprise her friend Sarah Smith with a custom birthday
\ncake from Blissful Bakes. The parties agree to the following terms:
\n1. Cake Description: Blissful Bakes agrees to create a custom birthday cake for Sarah Smith.
\n2. Price: The total price for the custom birthday cake is $250 CAD, inclusive of delivery to Lisa
\nJohnson’s apartment on the birthday date specified below.
\n3. Delivery: Blissful Bakes shall deliver the custom birthday cake to Lisa Johnson’s apartment
\non July 10, 2024. Lisa Johnson will provide the exact delivery address and any specific setup
\ninstructions to Blissful Bakes prior to delivery.
\n4. Payment: Lisa Johnson agrees to pay a deposit in the full amount of $250 CAD upon delivery
\nof the custom birthday cake by Blissful Bakes.
\n5. Quotation and Acceptance: Mark, representing Blissful Bakes, has provided Lisa Johnson
\nwith a detailed quotation specifying the cake’s specifications and pricing. Lisa Johnson accepts
\nthis quotation and confirms the order with Blissful Bakes.
\n6. Assurance: Blissful Bakes assures Lisa Johnson that the custom birthday cake will be
\ndelivered on time and will be crafted in accordance with the specifications outlined by Lisa
\nJohnson.
\n7. Additional Terms: Any changes to the cake’s specifications must be agreed upon by both
\nparties in writing prior to the delivery date.
\n8. Governing Law: This Contract shall be governed by and construed in accordance with the
\nlaws of Saskatchewan, Canada.
\n9. No Refund or Legal Action: Lisa Johnson agrees that under no circumstances shall she be
\nentitled to a refund of the payment made for the custom birthday cake ordered from Blissful
\nBakes, nor shall she pursue any legal action against Blissful Bakes, its owners, employees, or
\naffiliates, related to the cake order or its delivery.
\nBy signing this Contract, the Lisa Johnsonacknowledges and agrees that the payment made for
\nthe cake is non-refundable and that she waives any right to initiate legal proceedings, including
\nbut not limited to claims, disputes, or lawsuits, against Blissful Bakes arising from dissatisfaction
\nwith the cake’s design, flavor, condition, delivery, or any other aspect related to the cake.
\nThis clause shall be binding and enforceable upon both parties, and supersedes any other
\nagreements, warranties, or representations, whether written or oral, regarding refunds or legal
\nrecourse concerning the custom cake order.
\nBy signing below, the parties acknowledge that they have read, understood, and agreed to all
\nterms and conditions outlined in this Contract.
\nSignatures:
\nClient:
\nLisa Johnson
\nDate: _________________
\nBakery:
\nBlissful Bakes (by Mark)
\nDate: _________________ <\/div>\n","protected":false},"excerpt":{"rendered":"
Fact Scenario: Lisa and Sarah have been close friends for several years. Sarah’s birthday is approaching, and Lisa wants to surprise her with a special birthday cake. Lisa decides to order a custom cake from Blissful Bakes, a local bakery known for their delicious and beautifully designed cakes. On June 28, 2024, Lisa stops […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","template":"","meta":[],"disciplines":[74],"paper_types":[],"tagged":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/questions\/30525"}],"collection":[{"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/questions"}],"about":[{"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/types\/questions"}],"author":[{"embeddable":true,"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/comments?post=30525"}],"version-history":[{"count":0,"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/questions\/30525\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/media?parent=30525"}],"wp:term":[{"taxonomy":"disciplines","embeddable":true,"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/disciplines?post=30525"},{"taxonomy":"paper_types","embeddable":true,"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/paper_types?post=30525"},{"taxonomy":"tagged","embeddable":true,"href":"https:\/\/www.writemyessays.app\/blog\/wp-json\/wp\/v2\/tagged?post=30525"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}