What are the rights of Bird, if any, against Dentley, Young, and the Talent Company?

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What are the rights of Bird, if any, against Dentley, Young, and the Talent Company?

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The Talent Company, manufacturer of a widely advertised and expensive perfume, sold a quantity of this product to Young, a retail druggist. Dentley and Bird visited Young’s store and Dentley, desiring to make a gift to Bird, purchased from Young a bottle of this perfume, asking for it by its trade name. Young wrapped up the bottle and handed it directly to Bird. The perfume contained a foreign chemical that, upon the first use of the perfume by Bird, severely burned her face and caused a permanent facial disfigurement. What are the rights of Bird, if any, against Dentley, Young, and the Talent Company?

Explanation & AnswerSolution by a verified expert

Explanation

Individual B is a third party, having an advantage under the theory of implied warranty of merchantability. So, Individual B is going to have no rights against Individual D.
However, there are rights against the remaining two parties because the product was deemed to be fit to use under such a theory, which it did not prove to be. Privity does not count as a problem or threat to strict liability action. So, Individual D and Company T are going to be liable to pay the damages.

Verified Answer

An action can be taken by Individual B against Individual Y and Company T, but not Individual D. This is because the item was a gift from Individual D.
The other two can be sued based on theories of the implied warranty of merchantability and the strict liability in tort.

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