Reference no: EM13784861
"Squirt Gun Mishap." Zora decided to purchase a large squirt gun for her son, Rambo, to use while playing in the pool. The squirt gun was of the very elaborate variety and had a number of different attachments for different sprays of water. The squirt gun came with instructions for assembly and use, and provided warnings against various types of misuse. The pamphlet that came with the squirt gun advised that the squirt gun should be used only under adult supervision, that it must not be used by children under eleven, and that nothing should be put into the squirt gun except water. Rambo had a party for his tenth birthday at the pool. A number of children came. One of the children, Sam, who was ten years old at that time, decided to load pebbles along with water into the gun. He began shooting with the pebbles and hit Alice in the eye, requiring an emergency room visit. Alice required some minor surgery, but sustained no permanent injury. Alice's parents complained that they looked at the squirt gun when they initially arrived at the party but did not notice any warnings whatsoever affixed directly to the product. Alice's parents want to sue someone for something, but they do not particularly want to sue Rambo's mother.
Which of the following is true regarding a lawsuit brought by Alice's parents against the manufacturer for negligence?
a) Because neither Alice nor her parents were in privity of contract with the seller, no one other than Rambo's mother may be sued for negligence.
b) Although privity of contract is not an issue, Alice's parents would be unable to prevail in an action against the manufacturer for negligence because they did not read the instruction booklet.
c) Alice's parents would be prohibited from suing the manufacturer because of the federal law prohibiting lawsuits for failure to warn in cases involving children.
d) Privity of contract is not necessary in order to sue for negligence so the fact that neither Alice nor her parents were in privity of contract with the seller would not prevent a negligence based action.
e) Although privity of contract is not an issue, Alice's parents would be unable to prevail in a negligence action because Alice did not sustain permanent physical injury.
|
Is nicole required to do so
: Jason realizes that he will not have the sufficient money to pay Nicole, so he transfers his rights under this contract to his neighbor, Steve, who has a three-story house. Steve notifies Nicole that Jason's contract has been assigned to him, and..
|
|
Realize the return on investment
: Many companies implement enterprise resource planning (ERP) systems but are disappointed by the results when they do not realize the return on investment (ROI) that was projected for the system.
|
|
Create a responsibility assignment matrix project
: Analyze the critical path of your project, and discuss the total float in the project. Next, suggest the primary measures that you would use in order to manage the critical path and reduce the float in the project.
|
|
Improper or illegal methods
: From the e-Activity, identify the company, the accounting impropriety or illegality, how it was detected, the outcome, and propose a strategy that might have prevented the situation. Indicate how the strategy should be implemented.
|
|
Squirt gun mishap-regarding a lawsuit
: "Squirt Gun Mishap." Zora decided to purchase a large squirt gun for her son, Rambo, to use while playing in the pool. The squirt gun was of the very elaborate variety and had a number of different attachments for different sprays of water. Which of ..
|
|
Examine correctional organization functions
: Evaluate past, present, and future trends pertaining to the development and operation of institutional and community based corrections. Examine correctional organization and administration functions that reflect operations and fiscal demands
|
|
Planning and determining strategies for growth
: Planning and Determining Strategies for Growth
|
|
Used car sales-what is the most likely result in the lawsuit
: "Used Car Sales." Walter sells used cars. He is seeking a way to increase sales and profits because he would like to take his girlfriend on a nice diving trip to the Grand Cayman Islands. The first thing that Walter does is say that during the first ..
|
|
You just took a new job as general manager with a manufactur
: You just took a new job as general manager with a manufacturing company. They brought you in because sales and profits are declining. As you look into the company sales and profits issues during the first few weeks, you also observe that in addition ..
|