Brenda bought a cup of coffee at the BigBucks Drive-Thru. The coffee had been he

Question

Brenda bought a cup of coffee at the BigBucks Drive-Thru. The coffee had been heated to 190 degrees and consequently had dissolved the inside of the cup. When Brenda lifted the lid, the cup collapsed, spilling the contents on her lap. To recover for third-degree burns on her thighs, Brenda filed a suit against BigBucks. Can Brenda recover for breach of warranty? Explain.

Jackson bought a phone made by Merizon Communications, Inc. Three months later, after recharging the battery through a power jack, Jackson picked up the phone only to have it ignite in his hand. Suffering a severe burn, Jackson filed a suit against Merizon, alleging that a design defect in the phone weakened the connection between the power jack and the motherboard, causing the wiring to overheat and creating an unreasonable safety hazard. Could Jackson succeed on his strict product liability claim? Explain.

Furnishings Warehouse sells Nancy a living room set on credit. Nancy fails to make the scheduled payments for six months. Furnishings Warehouse sends her a letter, asking for immediate payment. What federal law, if any, does this violate? Explain.

Explanation / Answer

Case 1

Brenda has to prove that she followed all the terms and conditions laid down in the manual. If 190 degrees is something that is permissible by the company she might have an option to claim damages provided she proves the very same has been caused due to the product.

Case2

Again jackson also needs to show the evidence that the jack being used to charge the phone belongs to the same company or is something which the company authorizes. Secondly he aslo needs to prove the fact that there werre no power issues and it was a technical default in the product itdelf.

Case3

Although here nancy is legally bound to pay for the warehouse furnishings, but the company also needs to prove the fact that they followed up with nancy for payment when the initial payment was skiped and its not that they have send a payment notifications after 6 months. It could be possible that nancy had some genuine issue out of which she was not able to either track or make payments.

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