Using strict product liability theory or negligence theory

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Reference no: EM131124424

Ben and Betty Bickerson used Fanny and Henry’s BB as the location for celebrating their 37th wedding anniversary. The celebrants took over the B and B for the weekend and had a great time honoring Ben and Betty for their milestone achievement. The gala celebrations went fine until the farewell coffee that the B and B held for the departing guests. In anticipation of the event Fanny had ordered a forty-cup coffee urn from Ode to the Urn Company, a specialty enterprise that made elaborate urns, tea pots and samovars. The urn arrived at the B and B in a timely manner. Henry and Fanny read the instructions for operating the urn and were about ready to serve the first cup of coffee when it exploded. Fortunately for him, Henry was wearing a heavy serving vest and a waterproof apron, so he suffered a few second degree burns only. Fanny and several guests also had various degrees of burns from the exploding urn. Based on the foregoing, answer the following questions: 3a. what warranty theory, if any, could Henry use in a suit against Ode to the Urn Company? 3b. what’s the chance of Henry’s success in his suit against the urn company? 3c. what damages and/or remedies should Henry seek in his suit? 3d. switching from warranty to tort, would it be easier for Henry to prevail using a strict product liability theory or a negligence theory? You might be well advised to check the comments and answers that I posted to DQ 2, question 8. Explain your answer. 3e. Explain what claims that Fanny and the injured guests against the urn company. Explain the basis for a suit they have against Ode to the Urn Company. Note: just in case any of you are wondering the Grecian Urn is not involved.

Reference no: EM131124424

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