Product Liability memo

In 1970, Jack Jones purchased a Mercury Montego Car.

Directions:

This car was new and definitely styling for the times. Unfortunately for Jack, he came across some hard times and decided to take his life. He had the car in the garage, crawled in the trunk and closed the trunk, intending to suffocate himself. After a few hours, he had a change of heart and decided he wanted to live. Unfortunately, he could not get out of the trunk - there was no release in the trunk or anything. He ended up stuck in the car for 24 hours before he was found and released by a family member. His primary injuries were emotional from the distress of being locked in the car.

Jack was taken to the hospital to be checked out for injuries. He was extremely hungry, and on the way, stopped at a convenience store and purchased an Otis Spunkmeyer cookie. This packaged oatmeal raisin cookies was his favorite. As he bit down, he hit something hard in the cookie - turns out it was a hard raisin stem that was not digestible. The cookie cracked his tooth and aggravated his jaw disorder that he had had all his life.

Jack is your client - he wishes to pursue product liability cases against both Mercury and Spunkmeyer. He would like you to do a preliminary analysis of what his arguments would be for general negligence against both Mercury and Spunkmeyer and what defenses he should anticipate. Plus, he has heard about this beautiful concept called strict liability for products and would like you to give the preliminary arguments for strict liability against Spunkmeyer and Mercury, and what defenses he should anticipate.