Question
Suave Company is in the pest control business. Suave develops and produces fumigation gas. Suave sells the gas to consumers. Suave Company sold a container
Suave Company is in the pest control business. Suave develops and produces fumigation gas. Suave sells the gas to consumers. Suave Company sold a container of fumigation gas to Trevor for use in ridding his apartment of insects. Although Suave had intended to produce gas of standard toxicity, Suave had unknowingly produced gas of unduly high toxicity. Trevor used the gas and succeeded in killing all the insects in his apartment. Because he used the gas carelessly, some made its way into the apartment of his neighbor, Taylor. The gas caused Taylor to suffer serious lung damage and to fear that he would contract cancer as a result.
1. Is Suave Company liable to Taylor? Why or why not?
2. May Taylor obtain damages from Suave Company for fear of contracting cancer?
3. What impact does Trevor's conduct have on the liability of Suave?
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