Law Question?

Question

Adam found a human toe in a tin of chewing tobacco manufactured by Happy Chewers, Inc. The label on the tin stated “Guaranteed Good and Pure.” There also was a picture of a happy man chewing tobacco. List the causes of action Adam has against the tobacco company, and argue whether he will win or lose each cause of action.

Answer 1

Breach of express warranty, because the label expresses an affirmation as to the contents of the tin.

Breach of implied warranty of merchantability, because human toes do not pass in the trade as tobacco without objection.

The preceding claims will most likely fail, because Adam is not in privity of contract with Happy Chewers. He could successfully assert these claims against the tobacconist who sold him the toe-laden tobacco.

Negligence. The presence of the human toe in the can indicates that Happy Chewers was careless in packing the can. Adam may succeed because under the rule of McPherson v Buick Motor Car Company, want of privity is not a defense to a claim of negligent manufacture of goods. Whether Adam will succeed will depend on showing that Happy Chewer's practices fall short of the standard of care, which cannot be established on the record as presented.

Strict Tort (302A) Liability will not lie because Adam did not eat the toe and has no demonstrable bodily injury.

Answer 2

Unless he can prove that the toe in question was neither "good" nor "pure", he has no cause of action at all. It's likely that the toe was sent through cleaning, so it is as pure as the rest of the product. "Good" is so subjective, he'd have to prove by a preponderance of the evidence that it wasn't as good as the average toe found in a can of chewing tobacco.

Answer 3

Adam has a cause of action against his parents for making him too damn lazy to answer his own test question and Adam's school has a cause of action aganst Adam for plagurism and theft of service.

Answer 4

Ditto to the 1st answer! Wait until you have to deal with a hypothetical in INTERNATIONAL LAW!

Hopefully you are NOT in law school, we have enough idiots hanging shingles already!