unreasonably dangerous defect… WRONGThe answer is D – because there is no evidence that the dealer had reason to know that the lawn mower is defective
HYPO 2: assume neighbor brought a strict liability defect:The neighbor, because the lawn mower was sold by the dealer with an unreasonably dangerous defect… (this is right for this one because it’s strict liability, not negligence)HYPO 3: messenger on bike…oThe messenger will prevail because of a dangerous defect present when the bicycle left the factory. (This is 402A rule)HYPO 4: Color Me Bad sells a contaminated hot dog. Who will prevail?oShaniqua because CMB sold an unreasonably dangerous productWrongoCMB because he is not engaged in the business of selling hot dogsHYPO 5: car sold to a man, who then lent to a friend. Brakes fail. Hits pedestrians. Who isliable?oThe car dealer, because the car was defective when it was soldHYPO 6: a customer ordered clam chowder. Broke a tooth on a pebble. Soup was from a can. Customer sues restaurant. Who prevails? oPhelps:It’s designed for experienced riders only… I am an experienced rider. What’s the purpose if it’s not to keep me afloat? Ford Motor Co. v. Matthews – oFacts:Matthews was killed as a result of being run over by his tractor and dragged underneath a disc attachment. The tractor was equipped with a safety switch which was designed to prevent the tractor from being started in gear. There is evidence to show that Matthews was standing next to his tractor and that it was in gear. Plaintiff wins on a bench trial.
You've reached the end of your free preview.
Want to read all 11 pages?
- Spring '18
- Tort Law, Product liability