TriangleCo had developed a revolutionary new laboratory blood test which it claimed could detect cancer with mere drops of blood. It began to market the
TriangleCo had developed a revolutionary new laboratory blood test which it claimed could detect cancer with mere drops of blood. It began to market the test to physicians and started to receive orders. Several months into sales, TriangleCo realized there was a problem with the sensitivity of its test and the laboratory reports that it had provided to the physicians were Incorrect. Every single patient who had his blood tested would have to be issued a new report or have his results voided entirely. This is concerning to TriangleCo because it knew many physicians relied on its tests to make treatment decisions and could possibly have led to patient injuries. SquareCo had previously expressed an interest in buying TriangleCo, and when the board of directors at TriangleCo learned of the potential test problems, they gave the go-ahead for the transaction to take place. Based on which of the following justifications should SquareCo. not be held liable for TriangleCo's defective test?
a. Successor companies cannot be held liable for the obligations of its predecessors; therefore, SquareCo should not be liable for TriangleCo's defective product.
b. SquareCo proposed the sale prior to defective tests being sold, therefore are not liable for the obligations after the proposal.
c. SquareCo wrote into the sale agreement that it disclaims liability for the obligations of TriangleCo and upon the completion of the sale, ceased all operations related to the sale of laboratory blood tests.
d. The board of directors at SquareCo are the same people who are directors at TriangleCo and SquareCo intends on continuing to offer the test, but have disclaimed liability for the obligations of TriangleCo.
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