Can Allen recover damages from Ideal Milk Company? Why or why not?
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A route salesperson for Ideal Milk Company delivered a one-half-gallon glass jug of milk to Allen’s home. The next day, when Allen grasped the milk container by its neck to take it out of his refrigerator, it shattered in his hand and caused serious injury. Allen paid Ideal on a monthly basis for the regular delivery of milk. Ideal’s milk bottles each contained the legend “Property of Ideal—to be returned,” and the route salesperson would pick up the empty bottles when he delivered milk. Can Allen recover damages from Ideal Milk Company? Why or why not? |
Explanation
The importance of the broken product can be seen both at the time of milk delivery and its possession is to be held by the purchaser until the use of milk. The transaction in this case is a bailment, as a part of the sale, for the broken product. Till the time the milk was used, Person A had the right to use the product along with a duty to return it. As the broken product was sold and delivered, there is going to be an application of the implied warranty of merchantability along with the theory of strict liability in tort.
Subsequently, Company I can also demand damage compensation from the manufacturer of the broken product, claiming it to be a design defect.
Sample Response
Company I can be held for the loss caused to Person A. This course of action can be taken based on the implied warranty of merchantability and strict liability in tort since the product was sold by the merchant and it caused harm to the consumer.
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