Asked by Michelle Martin on May 11, 2024
Verified
Georgia purchases what proves to be a defective product from ZBest Enterprise to give to her best friend,Sarah,on her birthday.Georgia refuses to take legal action against ZBest because she is afraid of confrontation.Sarah,wanting to help Georgia,and angry at ZBest,wants to sue ZBest.Discuss the options Sarah has to sue the company.
Defective Product
A product that is not fit for its intended use due to manufacturing flaws, design errors, or misleading labels.
Legal Action
The process of taking a dispute to a law court, or the action of engaging in lawsuits or legal proceedings.
Sue
To initiate a legal proceeding against an entity or individual for the recovery of rights, redress of harms, or enforcement of agreements.
- Review case examples involving contracts to figure out legal resolutions and the existence of binding duties.
- Recognize and elucidate the entitlements and assertions of third parties within the realm of contract law, particularly focusing on intended beneficiaries.
Verified Answer
AP
Anapat PararamanMay 18, 2024
Final Answer :
While it may be argued that Sarah lacks privity of contract and thus her suit should be dismissed,if a court concludes that Sarah is an intended beneficiary of Georgia's contract and that the defect involves a breach of warranty,the court will not dismiss Sarah's suit.
Learning Objectives
- Review case examples involving contracts to figure out legal resolutions and the existence of binding duties.
- Recognize and elucidate the entitlements and assertions of third parties within the realm of contract law, particularly focusing on intended beneficiaries.