BLTC-9e Issue Spotter Answers
Ch. 21: Warranties and Product Liability
1A. Rim Corporation makes tire rims, which it sells to Superior Vehicles, Inc., who installs them onto cars. One set of rims is defective, which an inspection would reveal. Superior does not inspect the rims. The car with the defective rims is sold to Town Auto Sales, which sells the car to Uri. Soon, the car is in an accident caused by the defective rims, and Uri is injured. Is Superior Vehicles liable?
Yes. The manufacturer is liable for the injuries to the user of the product. A manufacturer is liable for its failure to exercise due care to any person who sustains an injury proximately caused by a negligently made (defective) product. In this problem, the failure to inspect is a failure to use due care. Of course, the maker of the component part may also be liable.
2A. Real Chocolate Company makes a box of candy, which it sells to Sweet Things, Inc., a distributor. Sweet sells the box to a Tasty Candy store, where Jill buys it. Jill gives it to Ken, who breaks a tooth on a stone the same size and color as a piece of the candy. If Real, Sweet, and Tasty were not negligent, can they be liable for the injury?
Yes. Under the doctrine of strict liability, persons may be liable for the results of their acts regardless of their intentions or their exercise of reasonable care (that is, regardless of fault).