Reference no: EM131133530
Sang purchased a cola drink in a plastic bottle with a sealed plastic top from a vending machine located in the hall of his college dormitory room. After drinking ¾ of the cola, Sang took another drink, and felt a sharp object enter his mouth. The object turned out to be a metal tab-top like those found on aluminum cans. Sang’s tongue was slightly cut by the tab-top and he had to consult a doctor. Lab tests conducted on the remaining cola revealed that the cola Sang drank was not poisonous or tainted.
Compare the potential legal liability of the entities involved, and identify the possible legal claims under which Sang could sue.
a. Sue the college, the owner of the vending machine and the manufacturer of the vending machine for ordinary negligence, but not strict product liability as the cola was not defective.
b. Sue the college, the owner of the vending machine, the manufacturer of the vending machine, and the cola manufacturer for strict product liability, including negligence.
c. Sue the college, the owner of the vending machine, and the cola manufacturer for strict product liability, including negligence and breach of implied warranty of merchantability.
d. Sue no one; he has no claim against any one because the cola was not poisonous or tainted.
|
Effected societal beliefs about different ethnic groups
: How has eugenics effected societal beliefs about different ethnic groups? What allowed for the rise of the Third Reich in Germany? In general, discuss one interesting fact you learned this week.
|
|
About right to recover the price of the goods
: Jack and Jill, 2 merchants, were discussing business over lunch when they agreed on the sale of some goods. Neither of them had any paper, so Jack wrote the following on a napkin: What do you infer about Jack’s right to recover the price of the goods..
|
|
Buyer purchased home theater system
: Buyer purchased a home theater system for $20,000 from Top Buy, Inc. As part of the written sales contract, Top Buy agreed to install the system for an additional $2,000. After the system was installed and Buyer began using it, the system developed p..
|
|
Possibly recover damages for his injuries
: Jason, an experienced snowboarder, purchased a new snowboard from Hot Sports, Inc., a sporting goods store. Fast Boards Co manufactured the snowboard. Jason went to Hills Resort to try out his new snowboard. Determine which of the following illustrat..
|
|
Compare potential legal liability of the entities involved
: Sang purchased a cola drink in a plastic bottle with a sealed plastic top from a vending machine located in the hall of his college dormitory room. After drinking ¾ of the cola, Sang took another drink, and felt a sharp object enter his mouth. Compar..
|
|
Heavy rain and wind storms caused water to be tracked
: Heavy rain and wind storms caused water to be tracked into Burr's Bakery by customers and water to be blown through the door each time it was opened. Hawkeye entered through the automatically opened door, slipped and fell in approximately 1/2 inch of..
|
|
Production during the deployment period
: How do you minimize the company's potential loss of production during the "deployment period" of the new lean program; and, more importantly how do you make sure the new program sustains itself in an ongoing continuous manner without everyone reverti..
|
|
Violation of the constitutional right to privacy
: Can an employee state a claim for a violation of the constitutional right to privacy when she was required, as a job applicant, to sign an affidavit stating that she had not used tobacco products for one year prior to the application date?
|
|
Safety stock and expected annual shortage cost
: Lee Camera stocks two items in its warehouse which it purchases from an outside supplier. Demand for the two items are independent; the inventory carrying percentage is 20% and for each item, the demand during lead time is a normal random variable wi..
|