Question: Sid bought a hammer for 1 at a local dollar store. When he tried to drive a spike into a landscaping timber with the hammer,
Sid bought a hammer for 1 at a local dollar store. When he tried to drive a spike into a landscaping timber with the hammer, the head broke off and injured his neighbor who was standing nearby. Has the manufacturer of the hammer breached an implied warranty of merchantability?
| Yes, it one person is injured by a product it is prima facie evidence that the product is not merchantable. | ||
| Yes, if any other hammer available on the market could drive a spike into a landscaping timber, this hammer will be held to that standard. | ||
| Yes, because manufacturers are absolute insurers of the safety of their products | ||
| No, because a product is merchantable if it is fit for the ordinary purpose for which it is intended and driving spikes is outside the purpose of an ordinary hammer. |
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