Question
Facts for next questions: Listerine makes and sells mouthwash with menthol. This year, it received 36 complaints that consumers had gotten sick from using the
Facts for next questions: Listerine makes and sells mouthwash with menthol. This year, it received 36 complaints that consumers had gotten sick from using the mouthwash. Listerine is confused because it has used the same formula and manufacturing process for 50 years without any complaints. Scientists tested the bottles that sickened the consumers and found that those bottles had 20 times the amount of menthol called for in Listerine's formula. Listerine found no problems with its manufacturing process, and the sickened consumers cannot show the cause of the high levels of menthol in their mouthwash.
If the sickened consumers sue Listerine based on strict liability for manufacturing defects, Listerine is likely to:
A. Win, because the consumers cannot prove Listerine was at fault for causing the high levels of menthol B. Lose, unless it can prove that the bottles of mouthwash did not have high levels of menthol when they left its factory C. Win, if it can show that it exercised reasonable care in making the mouthwash D. Lose, because the mouthwash failed to meet ordinary consumers' expectations
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