Markups manufacturers a variety of writing instruments, including pencils, pens, dry erase markers, and permanent markers.

Markups introduced a new line of pencils that write in colors and are supposed to be easily erasable on regular notebook paper. They are marketed toward elementary school and kindergarten classes for use in art projects.

The engineers that designed the new pencils specified the use of RM-232 as the binding chemical inside the pencil to contain the colored writing core or "lead" to the wooden shell the user holds.

Jody, a student in first grade, liked to chew on her pencils. Jody's teacher had noticed this over the year and frequently admonished Jody to stop chewing her pencils. Jody's parents had also been notified and were trying to correct the behavior at home.

For the art projects in class, all students were required to bring with them a set of coloring pencils from home because the school, due to budget cuts, could not longer afford to furnish art supplied. Jody's parents sent a box of the new Markups to school with Jody. Jody, over the course of a few weeks of art class, chewed through several of the new Markups. Jody became violently ill from ingesting the RM-232 used in the pencils. Tests revealed that the amount of RM-232 in a typical pencil was safe if ingested but that long-term, repeated ingestion could cause illness. The box in which the pencils come have no warning about eating or chewing on the pencils.

Discuss the following:

Is there a defect(s) and if so, what type? Assuming there is a defect, discuss any issues of causation. Discuss issues of comparative negligence for Jody's parents and the teacher. Discuss issues of vicarious liability for the school.