MakerMan Manufacturing creates heavy-duty hand tools. It produces a new collapsible hammer called the SmackN'Stash. One of the first purchasers of the hammer, Rob, is using it at a construction site when the hammer's head flies off and injures his coworkerCliff.

How does the concept of privity of contract apply to this situation?

• Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.
• Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.
• When companiessell defective products to consumers who are injured, liability will resultwithout having to show that the manufacturer breached a contract with the customer.
• Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.