Question
Don was shopping in the Whole Paycheck Market. Several tables in the market were covered with assorted canned foods, all of which were dirty and
Don was shopping in the Whole Paycheck Market. Several tables in the market were covered with assorted canned foods, all of which were dirty and dented. A sign on each of the tables read:
"Damaged Cans - Half Price."
Don was having his new Girlfriend over for dinner that evening for the first time and purchased two dented cans of corned beef hash, packed by Spamco, from one of the tables displaying the damaged cans. When his Girlfriend arrived, Don prepared corned beef hash and eggs which he and his Girlfriend both ate with reckless abandon. Both soon became ill, however, and the medical testimony established that the illness was caused by the corned beef hash's being unfit for consumption. The corn beef hash in undamaged cans from the same Spamco shipment was fit for consumption.
If Don asserts a claim against Spamco based on negligence, the doctrine of res ipsa loquitur is:
a.)not applicable, if it can be shown that the corned beef hash consumed by Don and his Girlfriend came from a case that had been knocked over by a Whole Paycheck Market worker.
b.)not applicable, because of the sign on the table from which Don purchased the corned beef hash.
c.)applicable, so long as the corned beef hash was in a sealed can, because Spamco as the packer is strictly liable.
d.)applicable, if it can be shown that the corned beef hash consumed by Don and his Girlfriend came from a case that had been knocked over by a Whole Paycheck Market worker.
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