Coch suffered from painful arthritis. Dr. Brooke prescribed an FDA-approved drug made by Sterling that was known to help treat this disease. Sterling knew the drug could cause vision problems and warned doctors about this. Brooke warned Coch of the possible side effects of the drug. After three year's use, Coch began to suffer blurred vision, so Brooke stopped prescribing the medication. Later Coch went blind, probably from the drug. Coch sued the doctor and the drug company. in this case a court would probably:
a. hold Dr. Brooke and Sterling drug and FDA liable b. hold Dr. Brooke and Sterling drug liable
c. hold Dr. Brooke liable
d. hold Sterling drug company liable
e. find no liability due to assumption of risk for unavoidably dangerous product
Question 2
In Crest Ridge Construction v. Newcourt, where an order for construction materials that Crest Ridge needed was rejected for failure to meet credit terms, and Crest Ridge had to find a higher-cost replacement and sued Newcourt for damages, the appeals court held that:
a. Crest Ridge had no basis for suit since the credit terms of the contract were clear and it failed to follow the instructions
b. Crest Ridge had no basis for suit since the credit terms of the contract were clear and it did not have sufficient credit history to qualify
c. Newcourt was liable as it imposed higher credit conditions on Crest Ridge than it stated were necessary in the contract
d. Newcourt was liable because, at the last minute. it changed the price it was going to charge, which requiredCrest Ridge to obtain more credit than it could qualify for e. none of the other choices
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