Because of high demand for a particular toy, a manufacturer quickly rushes to market a similar
looking toy. To make the most of the opportunity to ride on the coattails of the sale of the toy in great
demand, the manufacturer's similar looking toy has a tendency to fall apart after only several uses, so
that small children could get hurt. An action in strict liability would focus on
A) the manufacturer's breach of duty of care to release a safe product into the stream of
commerce
B) the fact that the manufacturer knowingly sold this dangerous product
C) the flaw in the product
D) the manufacturer's intent to defraud the public
Question 2
BigBoxStore sells The Universal Communicator, a new type of telecommunication device, but does
not know that the battery can melt the internal circuitry on rare occasions. A purchaser has the
misfortune of buying a Universal Communicator that does in fact, melt down. When filing suit for
negligence against BigBoxStore, the purchaser could allege that a breach of duty involved
A) the warranty of merchantability
B) a failure to disclaim all warranties
C) the warranty of fitness for a particular use
D) a failure to detect a defect
Similar traits may not be homologous
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