Question
Zohaib and Rocky enter a variety store owned by Jessa. Zohaib buys two chocolate bars and gives one to Rocky. Unknown to Zohaib, Rocky, or
Zohaib and Rocky enter a variety store owned by Jessa. Zohaib buys two chocolate bars and gives one to Rocky. Unknown to Zohaib, Rocky, or Jessa, the chocolate bar which Rocky received from Zohaib contained a piece of metal that had fallen into the chocolate mix when the candy bar was being made by the manufacturer. When Rocky attempted to eat the chocolate bar, he damaged one of his teeth. It cost a days wages for Rocky to pay the dental bill and he suffered from pain for a couple of days. Which of the following statements is TRUE?
a) Jessa, as the sole proprietor of the variety store, may be liable to Rocky for breach of contract.
b) Rocky may hold the manufacturer of the chocolate bar liable for negligence in the way it made the chocolate bar.
c) The manufacturer of the chocolate bar is not liable for negligence since Rocky voluntarily assumed the risk by eating the chocolate bar without carefully examining it beforehand. d) The manufacturer is not liable for Rocky's injuries since it does not have a contractual relationship with Rocky.
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