- 1 Marks
BCL – L1 – SA – Q22 – Tort
Question
Bill purchased a can of Sipep from the Ajax Minimart. After he finished drinking the Sipep, Bill noticed that the can contained dead insects stuck on the inside bottom of the can. In a strict product liability tort action against Ajax, Bill must prove, among other things, that:
A Ajax is a merchant selling Sipep.
B Ajax knew or should have known of the defective condition.
C Ajax had prior notice of other similar problems with Sipep products.
D Ajax placed the dead insects into the can.
Answer
A
Explanation:
In a strict product liability tort action, the plaintiff must prove that the product was defective and unreasonably dangerous, the defect existed when it left the defendant’s control, and the defect caused the plaintiff’s injury. Additionally, the defendant must be a merchant who regularly sells the product in question. Option A is correct because Ajax, as a minimart selling Sipep, must be a merchant for strict liability to apply. Option B is incorrect because strict liability does not require the defendant to have knowledge of the defect. Option C is irrelevant, as prior notice is not a requirement for strict liability. Option D is incorrect because strict liability does not require proof that the defendant caused the defect, only that the product was defective when sold.
- Tags: Defective Product, Merchant, Strict Product Liability, Tort
- Level: Level 1
- Topic: Tort
- Uploader: Samuel Duah