2. Preston purchased a box labeled Generic Breakfast Cereal from Riteway Supermarket. While he was eating it,

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2. Preston purchased a box labeled “Generic Breakfast Cereal” from Riteway Supermarket. While he was eating it, he broke a tooth on a stone which the product contained. The product sold by Riteway and labeled “Generic Breakfast Cereal” is furnished by three different companies: Acme, Birdco, and Cullen. Each sells an approximately equal quantity to Riteway. In addition, all package their product in identical wrappers, so that it is impossible to tell which of them furnished any given box of breakfast cereal. Although the companies compete with each other, at Riteway’s request they worked together to design the product wrapper.

If Preston is successful in an action for damages against Riteway, it will probably be because

(A) Riteway, Acme, Birdco, and Cullen were involved in a concerted action in the manufacture and marketing of the product.

(B) Riteway, Acme, Birdco, and Cullen established standards on an industry-wide basis, which standards made identification of the product’s manufacturer impossible.

(C) the negligence of either Acme, Birdco, or Cullen resulted in harm to Preston under circumstances such that it was impossible to tell which of them caused the harm; and Riteway is vicariously liable for that negligence.

(D) either Acme, Birdco, or Cullen manufactured a defective product, and Riteway sold that product while it was in a defective condition.

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Emanuel Law Outlines For Torts

ISBN: 201887

13th Edition

Authors: Steven L. Emanuel

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