Asked by Reveti Kuche on Jul 15, 2024
Verified
While at a baseball game one afternoon, Jack bought Matt a hot dog. When Matt bit into the hot dog he broke his tooth on a nail in it. i. Jack cannot sue the hot dog vendor for breach of contract.
ii. Matt can sue the hot dog vendor for breach of contract.
iii. Jack can sue the hot dog manufacturer under the tort of manufacturer's liability
iv. Matt can sue the hot dog manufacturer under the tort of manufacturer's liability.
v. The hot dog manufacturer will be strictly liable for allowing an inherently dangerous hot dog to leave his property and injure Matt.
vi. Jack can sue for his emotional distress caused by the sight of blood coming from Matt's mouth.
A) i and iv.
B) i, iv and vi.
C) i and ii.
D) ii and iii.
E) ii, iii, v and vi.
Manufacturer's Liability
The legal responsibility of manufacturers for any harm caused by defects in their products, regardless of negligence.
Breach of Contract
The failure to perform as specified in a contract without lawful excuse, which can give rise to legal action for damages or specific performance.
Emotional Distress
A legal term for the mental anguish or suffering one may experience as a result of another's actions or negligence.
- Understand the principles of product liability and the obligations of manufacturers and vendors towards consumers.
Verified Answer
SM
Shaun MichaelJul 22, 2024
Final Answer :
A
Explanation :
i. Jack, having bought the hot dog, entered into a contract with the vendor, but it was Matt who was injured. Therefore, Jack cannot sue for breach of contract on Matt's behalf.iv. Matt, being injured by the product, can sue the manufacturer under the tort of product liability (manufacturer's liability), as he was directly harmed by the defective product.
Learning Objectives
- Understand the principles of product liability and the obligations of manufacturers and vendors towards consumers.