Question
In the state of Nirvana, the state legislature became alarmed about children sniffing glue, which they could easily purchase in stores. The legislature passed a
In the state of Nirvana, the state legislature became alarmed about children sniffing glue, which they could easily purchase in stores. The legislature passed a statute prohibiting the sale to a minor of any glue containing toluene or benzene. About one month later, 14-year-old Elmer S. Glou, purchased contact cement from the Hobby Snobby craft store. The glue contained toluene. Elmer inhaled the glue and died from the injury to his central nervous system. Roger, the store clerk that sold the contact cement had not realized that the glue was dangerous and had never heard of the ingredients toluene or benzene. After learning of Elmers death, Roger remarked I didnt know about the glue statute! I know of several other Snobby clerks (all of which were most reasonable and careful people), that have sold contact cement in the past six months! Hell! Everyone I know used to play with contact cement in art class as kids. Which of the following best summarizes the liability of Hobby Snobby (through its employee Roger)? Group of answer choices
A. Hobby Snobby will not be found liable because Roger acted as reasonable person would have under the circumstances, and therefore could not have breached the duty of care towards Elmer;
B. Roger did not have actual knowledge that the contact cement was dangerous, and therefore owed no duty to Elmer;
C. A and B;
D. Hobby Snobby, through the acts of Roger, will be held strictly liable. The law must assign the costs of injury somewhere.
E. A and B are irrelevant and C is incorrect; Roger violated Nirvanas statute under the doctrine of negligence per se and Hobby Snobby is therefore liable;
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