Focus on the specific legal issue

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Reference no: EM132257219

Andy's Sales (owned by Andy Adams) sold a well-built trampoline to Carl and Shirley Wickers. The Wickerses later sold the trampoline to Herbert Bryant. While using the trampoline, Herbert's 14 year old nephew, Rex sustained injuries that left him a quadriplegic. Rex's gaurdian filed suit for breach of express warranty and merchantabilit. The sales brochure for the round trampoline described it as "safe" because it had "uniform bounce" and "natural tendency to work the jumper toward the center." The Wickerses had purchased an oval shaped trampoline. Discuss Rex's ability to recover. Is privity an issue?

Answer the question based on these three guidelines:

1. A brief restatement of the legal question posed--usually a sentence or two that focus on the specific legal issue in this case, without reference to extraneous facts or information. 2. A statement of the applicable law or rule that should be applied to the facts in this case. This will be taken from the text, and will not consist of a personal opinion or ethical reaction, but rather be a statement (usually only one or two sentences) that summarizes the rule of law that you will apply to come to a correct answer. You should not restate the law in its entirety, but instead summarize the appropriate law into a short explanation of the ruling principle in this case. 3. Finally, a clear statement that explains how you applied the applicable law to these facts to reach a specific conclusion. This will be usually be a few sentences culminating in an answer to the specific question posed in the text. This portion of your answer should demonstrate original thinking and reasoning, and result in a definite conclusion.

Reference no: EM132257219

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