Peter Vamos purchased a sealed bottle of Diet Coke at a grocery store. After Vamos opened and
Question:
Peter Vamos purchased a sealed bottle of Diet Coke at a grocery store. After Vamos opened and drank from the bottle, he discovered that it contained two AA batteries. Vamos sued the Coca-Cola Bottling Company of New York, which bottled the liquid Vamos drank. At trial, Vamos testified that he became ill for several days after drinking from the bottle. However, there was no evidence that the liquid Vamos drank was actually poisonous or noxious.
Answer the following questions in the space provided below:
1. Under which product liability theory should Vamos sue, the implied warranty of merchantability or implied warranty of fitness for particular purpose? Explain.
2. Can the Coca-Cola Bottling Company of New York be liable to Vamos under the implied warranty of merchantability if the liquid in fact was harmless? Explain.
3. What would be the result if the court used the foreign-natural test? Explain.
4. What would be the result if the court used the reasonable consumer expectations test? Explain.
Expert Answer:
1 Under which product liability theory should Vamos sue the implied warranty of merchantability or implied warranty of fitness for particular purpose Explain Under Strict Product Liability theory Vamo... View the full answer
