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Law Skool Advantage

129 members • Free

3 contributions to Law Skool Advantage
Torts Practice
What areas of torts do we need to focus on right now? I will pull a few MC to practice with you all this week! For now, here is a products liability question since it is a torts/contracts cross-over area (in other words it is a torts question but contract principles will help you solve it): The manufacturer made a product that was sold over the counter for treatment of dandruff and dry scalp conditions. A doctor purchases a bottle at a drugstore. A statement on the label read, "This product will not harm normal scalp or hair." The doctor used the product as directed. Bcause of a rare scalp condition making him allergic to one of the ingredients, the product irritated his scalp causeing him much pain and discomfort. In an action for negligence by the doctor against the manufacturer, which of the following additional facts or inferences, if it was the only one true. would be most effective in the manufacturer's defense?
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13 members have voted
Also, the label specifically limits the representation to "normal scalp", which functions as a warning, and a "good warning" that the product may not be safe for atypical users, supporting why the manufacturer would not be liable here.
Law Student Affirmations
Because you need to be reminded of how amazing you are. And, DJ wanted to show you his new haircut and say “you got this”
Law Student Affirmations
2 likes • Apr 17
Thank You Professor!💗
Easter Hypo
Boss bunny asked junior bunny to fill “all the eggs with jelly beans” as he pointed to a pile of eggs. Junior bunny said “ok as long as you pay me $100” boss bunny said “sure.” A few minutes later boss bunny added more eggs to the pile. Junior bunny finished putting jelly beans in the original eggs and asked for payment. Boss bunny refuses to pay Junior until he filled the new eggs that were added later. Will Junior bunny win if he sues boss bunny for breach of contract?
2 likes • Apr 5
@David Harutunyan I would add that there is a possible misunderstanding issue where Boss would argue that “all the eggs” includes any eggs later added to the pile, while Junior would argue it refers only to the specific pile identified when Boss pointed at it; I would also clarify that Boss’s later addition of eggs is best viewed as an "attempted" modification, which is not enforceable because there was no mutual assent anyways and specially (under common law), no new consideration. As a result, Junior fully (or at least substantially) performed the original agreement and is entitled to recover expectation damages. Expectation damages = loss in value + incidental/consequential damages − costs avoided. Here, Junior fully performed and Boss paid NADA so $100 (contract price owed) + $0 − $0 = $100. Since the goal is to put him in the position he would have been in had the contract been performed, Junior is most likely entitled of the $100 contract price :)
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Priscilla Silverstein
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@priscilla-silverstein-2072
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Active 10d ago
Joined Feb 8, 2026
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