The Elle Corporation manufactures fingernail polish.Suzy buys a container of Elle's fingernail polish,applies it to her nails,and suffers a severe allergic reaction.She sues Elle under the implied warranty of merchantability.The test for determining whether Suzy will recover is whether:

A) the nail polish she bought was suitable for the needs of the average consumer.
B) the nail polish she bought properly performed its function of coloring one's nails.
C) such a reaction in an appreciable number of consumers was reasonably foreseeable.
D) the ingredient causing the reaction was foreign to the nail polish or natural to it.

Question

Natalie Hanna · Accepted Answer

Final Answer : C, Explanation :  In cases involving allergic reactions to drugs or other products,courts may find the defendant liable if it was reasonably foreseeable that an appreciable number of consumers would suffer the reaction.If a court makes such a finding,then Suzy can recover for damages.

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