Learning Activity 1:
Read case scenario below and analyze.
Scenario: Dave bought a power lawn mower manufactured by Ace, Inc. The mower was equipped with a removable plastic safety barrier to minimize the risk of injury from the mower’s blades. Dave removed the safety barrier believing that it was unnecessary.
Dave asked his 16-year old son, Zak, to mow the lawn, Zak ‘s foot touched the mower blade and Zak was injured.
Dave wants to sue Ace, on behalf of his minor son, Zak, under strict product liability.
Under what specific product liability claim(s) would you advise Dave to sue Ace and why? (Careful…strict product liability is a complex area of law with complex claims……..)
Learning Activity 2:
Respond to the case scenario below. This is a complex case, so be careful. 🙂
Scenario: On April 1, Jennings, a licensed used car dealer, wrote a letter to Wheeler in which he stated: “I have a 1955 Thunderbird convertible in mint condition that I will save for you for $15,000 at any time until May 9. ” [Signed], E. Jennings.
On April 15, having heard nothing from Wheeler, Jennings sold the thunderbird to another party. On April 29, Wheeler told Jennings that he accepted the offer and tendered the $15,000, in cash. When Jennings told Wheeler he had already sold the car to another party, Wheeler claimed Jennings had breached their contract.
Is Jennings in breach, why or why not?