National Motors is an auto manufacturing company. It sells a new EV car to Elon for $45,000.

On the very day Elon buys the car, he is driving the car on the West Side Highway when the

power steering mechanism fails because of a manufacturing defect. It is impossible to steer the

car under these circumstances, and Elon unavoidably gets into an accident. As a result of the

accident, Elon suffers a concussion. When Elon bought the car, he signed an contract, which

stated in bold letters: "The seller, National Motors, disclaims any and all liability of any

description for any accident that the buyer, Elon Brusk, has while operating the vehicle sold to

him in this contract."

(1) List the elements of a strict products liability of tort claim, and for each element simply state

whether or not Elon can support each element under the facts provided. Do not explain. Simply

state either yes or no for each element.

(2) Will the disclaimer of liability be effective? Explain in one sentence.