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Richard Wood loved to sprinkle peanuts on his ice cream sundaes. One Day, Karen Goldfish whom Richarded boarded with purchased a 24 ounce vascuum sealed plastic capped glass jar of peanuts at a convenience store. To get a rebate of $2.00 from the manufacturer, Goldfish removed the part of the lable that contained the bar code and gave it as proof of purchase to the store. She then placed the jar on top of the refrigerator. Wood and Goldfish would take peanuts from the jar and place the jar back on top of the refrigerator until one day when Wood shattered the jar when pushing it's cap down. His hand was severely cut and he claimed it was perminantly impaired. Wood filed suit against the three parties---The convenience store, the peanuts manufacturer, and the jar manufacturer.
In your opinion against whom is Richard most likely to win the suit? Provide a rationale to suppolrt your choice.
On the premise of which product liability theory or theories of recovery, breach of warrantly, negligence, and strict liability, will Wood be able to recover? How?
What defenses, if any, are available to each defendent?
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Six 'critical thinking' style questions are presented along with solutions and explanations of solutions. The questions concern the evaluation of arguments and identification of logical fallacies.
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