Richard Wood

timer Asked: Aug 26th, 2013

Question description


Richard Wood loved to sprinkle peanuts on his ice-cream sundaes. One day, Karen Goldfish, with whom Wood boarded, bought a 24-ounce-vacuum-sealed-plastic-capped glass jar of peanuts at a convenience store. To get a rebate of $2 from the manufacturer, Goldfish removed the part of the label that contained the bar code and gave it as proof of purchase at the store. She then placed the jar on top of the refrigerator. Wood and Goldfish would take peanuts from the jar and put it back on top of the refrigerator until one day when Wood shattered the jar while pushing its cap down. His hand was severely cut and he claimed it was permanently impaired. Wood filed a suit against the three parties—the convenience store, the peanut manufacturer, and the jar manufacturer.

Answer the following questions:

  • In your opinion, against whom is Wood most likely to win the suit? Provide a rationale to support your choice.
  • On the premise of which product liability theory or theories of recovery—breach of warranty, negligence, and strict liability—will Wood be able to recover? How?
  • What defenses, if any, are available to each defendant? Describe in detail.


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