11. Clifford Munroe is visiting his sister Jill at her home in San Francisco, California. Jill's husband, Charles Bosley, is traveling out of town for business. Because of the pandemic, Clifford and Jill have not seen each other in over two years and the two make plans for a night of celebration beginning with cocktails at the Linden Room. While getting dressed in the bathroom, Clifford uses a Manscaped electric groomer he finds in a box. Within several minutes, the groomer explodes in his hand and shards of the metal from the product become lodged in his left eye. As a result of the incident, Clifford loses 50% of the sight in his left eye. Clifford, seeking to recover damages for his injuries, sues Manscaped, LLC for breach of implied warranty of merchantability and strict liability. At trial, Manscaped seeks to avoid liability on the implied warranty claim by asserting that Clifford did not purchase the product and that it has no privity of contract with him. How could Clifford respond to Manscaped's assertion and recover for his injuries? 12. Brandon Wright and his brother, Brendan own and operate a business together. Their main service is offering drone flying instructions. The name of their company is The Wright Brothers Flight School. As a tagline for their business, they use the phrase "Straighten Up and Fly Wright." While giving the lessons, the brothers play the famous jazz song titled "Straighten Up and Fly Right" as a form of entertainment for their customers. The estates of Nat King Cole and Irving Mills file a lawsuit against the brothers seeking an injunction based on infringement of their rights. As a defense, the Wright Brothers claim fair use in their answer and discovery. The Cole and Mills estates file a motion for summary judgment. Should the court grant or deny the motion? Explain your answer. 13. While sitting in the waiting room of her gynecologist, Daphne Indicott overhears a conversation taking place in an adjoining office. She recognizes one of the voices as her doctor. After a while, she realizes that the doctor is making inflammatory statements about his patients, one of whom herself is a well-known primary care physician who treats many of the same patients as the gynecologist. Daphne is offended by the comments she hears, many of which she believes to be manufactured. She goes into the adjoining office to confront the doctor only to discover that he is actually in the middle of recording a podcast episode that he intends to release later in the week. Daphne informs the primary care physician of what she has learned and encourages her to file a lawsuit against the gynecologist. What type of lawsuit would the primary care physician file against the gynecologist? . What defense(s), if any, would the gynecologist assert against the claim filed by the primary care physician
