tort class notes 3,31

tort class notes 3,31 - 3/29 miss Products liability Escola...

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3/29 miss Products liability Escola case Injured by exploding bottle. Manufacture bottle, delivers it to coke, coke fills it with coke, sells it to restaurant, bottle explodes. She admits no know anything about the negligence, but exploding bottle happens with negligence – res ipsa. Coke - bottle explodes without negligence. Alsa it took 36 hrs, who knows what happened then, got it from manufacturer. Coke also has evidence about how carefull it is. Court – jury may rely on innate knowldeg. Concurring: Judge trainer – streaching res ipsa to far, still coke should have to pay because: Food cases, warrnaty cases, as to food calif. Law had created a breach of warranty if injuryed by the food, and covered people not in privity. This was a nonagreement imposed by the law, extended to someone who he made no agreement with. So if contract idea its very tediouse. Here not hurt by bad food, but bad food container. Also not hurt bec. Consumed the food, trying to give it to someone else, so really doesn’t fit under this. So judge trainer says we
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This note was uploaded on 05/05/2008 for the course LAW 1 taught by Professor Hollister during the Fall '04 term at Fordham.

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tort class notes 3,31 - 3/29 miss Products liability Escola...

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