1. Through its online platforms (website and social media), GOJO claimed Purell “kills more than 99.99% of most common germs that may cause illness in a healthcare setting, including MRSA & VRE.”

MRSA - Methicillin-resistant Staphylococcus aureus (MRSA) infection is caused by a type of staph bacteria that's become resistant to many of the antibiotics used to treat ordinary staph infections.

VRE - Vancomycin-resistant enterococci (VRE) are a type of bacteria called enterococci that have developed resistance to many antibiotics, especially vancomycin. Enterococci bacteria live in our intestines and on our skin, usually without causing problems.

This same information came with the purchase of the product under the instruction/information heading in the package.

At the start of the COVID pandemic Jane Doe based on the advertising statements, decided to purchase Purell to use as a hand sanitizer to try to reduce the risk of catching COVID. She used Purell diligently. She did not go out of the house at all and had very few people over to her house. The only ones who came to the house were a few repair persons when she needed something done. During each visit she wore a mask, and made the other person wear a mask and she stayed much more than six feet away from them during the entire visit. After each visit by any repair person, she used Purell to wipe down any surfaces they did touch and might have touched. However, she did end up getting COVID and ended up in the hospital for several weeks.

She has now sued GOJO (the makers of Purell) for her losses. Assume she can prove that the only way she could have caught COVID is in her home after one of the repair persons was in her home. The proof will also include that she got the virus by touching something a repair person had touched and that she had actually wiped down that surface with Purell.

The claim in the lawsuit is that GOJO has breached the express warranty with their claim. The other claim in the lawsuit is that GOJO is liable under product liability law for her losses.

a. Do a COMPLETE IRAC analysis of the express warranty claim. Will she win or lose? Pay very careful attention to the claim, it may require you know a little about science. (20 points – 2 for the legal issue, 3 for the rule of law, 10 for the analysis and 5 for the correct conclusion)

b. Do a COMPLETE IRAC analysis of her product liability claim. (20 points – 2 for the legal issue, 3 for the entire rule of law, 10 for the analysis and 5 for the correct conclusion). I am actually going to give you the rule of law - Section 402A's Requirements. You will need to use that entire rule of law, do a complete analysis of each part. The actual issue will be something that is “unreasonably dangerous” in regard to this. It is not clearly there, so your job is to figure out what might be unreasonably dangerous.

Answer rating: 100% (QA)

Express Warranty Claim As in the sporting goods store example a merchant may inform a potential buyer of the qualities of a product which make it an attractive purchase If the seller makes such repres... View the full answer