III. Queen Spice Company is a business that sells high quality spices both online and in...

   

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III. Queen Spice Company is a business that sells high quality spices both online and in retail stores. The only warning label on Queen Spice Company's products is that the spice bottles should be kept away from children. There are no government regulations that require warnings on any of the spices sold by Queen Spice Company. One of their bestselling spices is nutmeg, which is often used by bakers in cakes, pies and puddings and is also used in Christmas foods such as eggnog. In lower doses, nutmeg provides flavor without affecting health. However, nutmeg contains a compound called myristicin, which in high doses can lead to myristicin poisoning which may cause seizures, heart arrhythmias, nausea, dizziness, pain, and hallucinations. Farm Fresh Supermarket regularly sells spices from Queen Spice Company including their nutmeg. During the month of December, Farm Fresh Supermarket has a holiday sale on all Queen Spice Company's spices. Rosemary, an avid baker, buys several containers of nutmeg and uses it in various cakes and pies she is baking. After eating multiple servings of the cakes and pies she experiences seizures, heart problems and dizziness and goes to the hospital where she is diagnosed with myristicin poisoning. While Rosemary makes a full recovery within a few days, she remains worried about the potential long-term impacts on her health. Rosemary sues Queen Spice Company for strict liability product liability. a) Judgment for whom and why? Specifically analyze the elements of strict liability product liability and explain any defenses that may be available to Queen Spice Company. b) If Queen Spice Company is liable can Farm Fresh Supermarket be held liable on a strict product liability claim even though they had no control over the packing or labeling of the nutmeg? (30 points) III. Queen Spice Company is a business that sells high quality spices both online and in retail stores. The only warning label on Queen Spice Company's products is that the spice bottles should be kept away from children. There are no government regulations that require warnings on any of the spices sold by Queen Spice Company. One of their bestselling spices is nutmeg, which is often used by bakers in cakes, pies and puddings and is also used in Christmas foods such as eggnog. In lower doses, nutmeg provides flavor without affecting health. However, nutmeg contains a compound called myristicin, which in high doses can lead to myristicin poisoning which may cause seizures, heart arrhythmias, nausea, dizziness, pain, and hallucinations. Farm Fresh Supermarket regularly sells spices from Queen Spice Company including their nutmeg. During the month of December, Farm Fresh Supermarket has a holiday sale on all Queen Spice Company's spices. Rosemary, an avid baker, buys several containers of nutmeg and uses it in various cakes and pies she is baking. After eating multiple servings of the cakes and pies she experiences seizures, heart problems and dizziness and goes to the hospital where she is diagnosed with myristicin poisoning. While Rosemary makes a full recovery within a few days, she remains worried about the potential long-term impacts on her health. Rosemary sues Queen Spice Company for strict liability product liability. a) Judgment for whom and why? Specifically analyze the elements of strict liability product liability and explain any defenses that may be available to Queen Spice Company. b) If Queen Spice Company is liable can Farm Fresh Supermarket be held liable on a strict product liability claim even though they had no control over the packing or labeling of the nutmeg? (30 points)

Answer rating: 100% (QA)

a In this case the judgment would likely be in favor of Rosemary the plaintiff This is because Queen Spice Company could be found liable under strict liability product liability Strict liability produ... View the full answer