1d • Bar Tested
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?
The doctor did not read the statement on the label
The reasonable person in the manufacture's position would not have foreseen that the product would injury persons with the doctor's allergy
The product was manufactured for the manufacture by another company
The manufacturer was unaware that an allergy existed like that suffered by the doctor
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Torts Practice
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