Can Florabelle recover damages from Sadie, the proprietor of the dress shop, and Exotic Clothes, Inc., the manufacturer from which Sadie purchased the skirt? Explain.

Can Florabelle recover damages from Sadie, the proprietor of the dress shop, and Exotic Clothes, Inc., the manufacturer from which Sadie purchased the skirt? Explain.

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June 7, 2021
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At the advent of the social season, Aunt Lavinia purchased a hula skirt in Sadie’s dress shop. The salesclerk told her, “This superior garment will do things for a person.” Aunt Lavinia’s houseguest, her niece, Florabelle, asked and obtained her aunt’s permission to wear the skirt to a masquerade ball. In the midst of the festivity, at which there was much dancing, drinking, and smoking, the long skirt brushed against a glimmering cigarette butt. Unknown to Aunt Lavinia and Florabelle, its wearer, the garment was made of a fine unwoven fiber that is highly flammable. It burst into flames, and Florabelle suffered severe burns. Aunt Lavinia notified Sadie of the accident and of Florabelle’s intention to recover from Sadie. Can Florabelle recover damages from Sadie, the proprietor of the dress shop, and Exotic Clothes, Inc., the manufacturer from which Sadie purchased the skirt? Explain.

Answer and ExplanationSolution by a verified expert

Explanation

Based on the description given by Individual S, about the quality of the product as superior, it may not be treated as an express warranty by the court under Section 2-213 of the Uniform Commercial Code.
However, the goods are going to be suitably fit as per the usual motive of use. In this case, the garment catching fire from a lit cigarette does not qualify the quality bar as marketable.
A garment catching fire with such ease is a shortcoming and can prove to be extremely dangerous upon use.
Considering all the facts, Individual F is going to win the suit based on the theories of strict liability in tort and the implied warranty of merchantability.

Sample Response

Damages can be demanded from Individual S and Organization E by Individual F based on the theories of strict liability in tort and the implied warranty of merchantability.

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