Explain whether John will be successful in his lawsuit.
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John Doe purchased a bottle of “Bleach-All,” a well-known brand, from Roe’s combination service station and grocery store. When John used the “Bleach-All,” his clothes deteriorated due to an error in mixing the chemicals during the detergent’s manufacture. John brings an action against Roe to recover damages. Explain whether John will be successful in his lawsuit. |
Explanation
Individual R is defined as a merchant as per the UCC because the business is in similar kinds of goods. In this case, there is no exclusion or amendment mentioned, so it is applicable that the goods sold by Individual R have an implied warranty of being merchantable. The goods are defective and can cause harm to the user but they are still sold by Individual R. Individual R can be held liable to compensate for the damages. So, based on the warranty and the theory of strict liability, Individual R can recover the claim against the manufacturer.
Verified Answer
Yes, as per Section 2-104 and Section 2-314 of the Uniform Commercial Code, Individual R is liable to compensate for the damage of Individual J. This case is governed by the theory of strict liability in tort.
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