1. Johnny sells his car to Tammy
for $700. Johnny works as a construction worker. Johnny notifies Tammy that he
has the goods at the buyer’s disposition, and that Tammy is free to pick them
up at any time. While Tammy is on her way, the car is stolen with no fault at
Johnny. Who bears the risk of loss? Assume the contract is silent on who bears
the risk of loss.
1. The Soda Company manufactures
bottles to contain carbonated beverages. They have invested millions of dollars
to provide the most state-of-the-art bottling facility the world has ever seen.
And their QA process is unmatched. The Soda Company takes every precaution to
ensure that it’s bottles are of the highest quality. One day Cody buys a bottle
of soda with a bottle manufactured by the Soda Company. The bottle was not
substantially changed from the time of manufacture to the purchase. As soon as
Cody opens the bottle, it explodes in his hand causing lacerations. Cody sues
for negligence. Will he recover? Be sure to list and apply the elements of
negligence to this case.
1. Same facts as #4 except that
Cody sues under a strict product liability theory. Will Cody recover under
strict product liability? Be sure to list and apply the elements of strict
product liability to this case.