Asked by Jamie Osborn on May 08, 2024
Verified
Paul invited several friends over to celebrate Ann's birthday. About an hour before the guests arrived, Paul bought some sparkling wine and put it in his refrigerator. When all the guests were assembled, Paul lifted the chilled bottle of wine from its gift box. Before it was completely out of the box, the bottle exploded, sending glass in all directions. The glass cut Paul's hand and also the eye of one of his guests, Joan. No one else was hurt at all. Assuming all these facts could be proved, which of the following is true?
A) Because Joan did not buy the wine, she has no cause of action against anyone.
B) Joan could sue Paul successfully for the tort of negligence for buying and serving sparkling wine.
C) All the guests, including Joan, could successfully sue the manufacturer for negligence; they need only prove that the explosion was the fault of the manufacturing process.
D) If Joan sued the manufacturer for negligence, the court could draw, from the circumstantial evidence of the injury, a conclusion that someone must have been negligent, leaving it to the manufacturer to produce evidence to the contrary.
E) Only Joan has a right to sue in contract.
Sparkling Wine
A type of wine that contains significant levels of carbon dioxide, making it fizzy, typically achieved through fermentation processes.
Manufacturer's Fault
A defect or issue in a product directly caused by the manufacturing process, resulting in consumer dissatisfaction or potential harm.
Negligence
Failure to exercise the care that a reasonably prudent person would exercise in like circumstances.
- Determine scenarios where there is a responsibility of care and the benchmarks for ascertaining negligence.
- Acquire knowledge of the legal benchmarks for culpability in situations involving mishaps, defective goods, or noxious materials.
Verified Answer
MB
MacKenzie Buie-GraceMay 11, 2024
Final Answer :
D
Explanation :
Joan could potentially sue the manufacturer for negligence based on the circumstantial evidence of the bottle exploding unexpectedly, which suggests a defect in the product. The court could infer negligence and require the manufacturer to prove otherwise.
Learning Objectives
- Determine scenarios where there is a responsibility of care and the benchmarks for ascertaining negligence.
- Acquire knowledge of the legal benchmarks for culpability in situations involving mishaps, defective goods, or noxious materials.