Scenario: Al bought a case of beer because his friends were coming over to watch the Grey Cup football game. During the game, Al opened a beer, poured about a third of it into Bob's glass, and handed the can to Chuck. Bob noticed the strange orange colour of the beer and called everyone's attention to it; unfortunately, Chuck had drunk most of the beer from the can before he heard Bob. There had been a small battery in the can that contaminated the beer. Chuck was seriously injured. Questions: - What is the main legal issue, including the remedy sought? - What is a possible defence(s)? - Discuss the likely outcome of this case. - What is ONE risk reduction strategy? (from the perspective of either party)
The main legal issue in the case given is that Whether Chuck can sue the manufacturer as per the selling contract as he was also injured due to the malfunctioning of the product. The main remedy asked by Chuck will be the compensation for the injury caused.
If we look at the given case, as Chuck did not buy the product thus he does not have any direct contact with the manufacture but in order to find the compensation for the injury caused, he can see the manufacturer on account of tort related to a manufacturing defect.
The possible defense of the producer can be that the customers were also negligible while consuming the product. Despite seeing the defective product, Chuck consumed beer.
The most likely result of the given case will be that the manufacturer will be found guilty of the tort of manufacturing defects and thus the compensation has to be paid to Chuck
Scenario: Al bought a case of beer because his friends were coming over to watch the...