other defendant, proved that it had no way of knowing the contents of the can was likely to cause
harm, and that it had sold the products of West Beef Company for a number of years without
ever having been told by a customer that the products were defective. Both defendants agreed by
stipulation in open court that Meat Packers, Inc. had been guilty of negligence in packing the
corned beef containing the sliver of bone.
If Susie’s claim against Hansen’s Market is based on negligence theory, Susie will:
A. Recover, because the negligence of Meat Packers, Inc., follows passage of title of the product
to the defendant.
B. Recover, because the defendant is liable for the negligence of Meat Packers, Inc., they being
C. Not recover, because there was no evidence that the defendant failed to exercise due care in
selling her the corned beef.
D. Not recover, because she was guilty of contributory negligence when she selected the can
containing the sliver of bone.
The correct answer is:
C. Not recover, because there was no evidence that the defendant failed
to exercise due care in selling her the corned beef.