Module 13 – answer to these questions please. do not use AI.
answer to these questions please. do not use AI.
- Reliance Granite Company, run by James Noggle, manufactures gravestone monuments for monument dealers. Willis Mining, Inc. quarries granite, cuts it into blocks, and sells it to such manufacturers. Reliance purchased blocks from Willis, made monuments from them, and sold them. Within 18 months, the monuments sold by Reliance became discolored, forcing Reliance to replace them. Reliance sued Willis, alleging breach of the implied warranty of merchantability. Willis claims that there was no breach because Willis inspected the blocks prior to purchasing them. HOW SHOULD THE COURT RESOLVE THIS DISPUTE? WHY?
- David Weiner was transporting a 54-inch long, 180-pound canister of nitrous oxide (used to inflate balloons) in his girlfriend’s two-door, hatchback Acura. Weiner flipped down the back of the rear seats to make room for the cannister. While driving, Weiner ran a stop sign and hit a guardrail. The unrestrained canister slid into the back of the driver’s seat, pinning him between the seat and the shoulder harness. Weiner sued the manufacturers and the sellers of the Acura for his personal injuries on two strict liability theories: (1) design defect (because the front seats could not withstand the impact of a 180-pound object and because no restraints were provided to secure cargo) and (2) failure to warn. HOW SHOULD THE COURT RULE ON THESE CLAIMS? WHY?
- The Black Talon bullet, designed and manufactured by Olin Corp., is a hollow-point bullet designed to bend upon impact into six “talons” that increase the wounding power of the bullet. On December 7, 1993, Colin Ferguson opened fire on the passengers of a New York City commuter train using Black Talons, killing six and injuring nineteen. The victims’ injuries were enhanced because the bullets performed as designed. A passenger that was injured in the shooting sued Olin Corp. under design-defect theories based on negligence and strict liability. HOW SHOULD THE COURT RULE AND WHY?
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