Subcontractor Sandra is in the pest control business. She develops and produces fumigation gas for her own use. She also sells the gas to consumers. Some of her competitors do not sell gas to consumers because consumers sometimes do not follow safety instructions. Subcontractor Sandra sold a container of fumigation gas to Contractor Carl for use in ridding an existing building of its insects. Although she had intended to produce gas of standard toxicity she had unknowingly produced gas of unduly high toxicity.

Contractor Carl used the gas carelessly. Some of the gas made its way into the adjacent property owned by Bill BusyBody. The gas caused BusyBody to suffer serious lung damage and fear that he would contract cancer as a result.

Call of Question 1. Is Subcontractor Sandra liable to Bill BusyBody? Discuss.

Call of Question 2. If so, may BusyBody obtain damages from Subcontractor for fear of contracting cancer? Discuss.

Use IRAC analysis for each issue

This is tort law

Is there a relevant issue, maybe regarding duty?

Try to identify the issue(s)..

Now determine if the elements of the contract principle are satisfied based on the facts presented.