Chain Of Distribution Misfit
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Torts1
Example wrong choices
20979_lydia-lotion · TORTS · Choice AThe retailer from whom Lydia purchased the lotion bought it from an independent distributor that purchased it from the manufacturer.
Why it's attractive
The UCC imposes liability on ALL members of the commercial distribution chain for breach of implied warranty of merchantability. An independent distributor does not break the chain.
Why it's wrong
The UCC imposes liability on ALL members of the commercial distribution chain for breach of implied warranty of merchantability. An independent distributor does not break the chain.
20979_lydia-lotion · TORTS · Choice BBefore marketing the lotion, the manufacturer conducted reasonable testing to determine whether the product would cause irritation to normal skin.
Why it's attractive
Warranty liability is strict — it does not depend on the manufacturer's conduct. Reasonable testing is irrelevant to whether the product was merchantable.
Why it's wrong
Warranty liability is strict — it does not depend on the manufacturer's conduct. Reasonable testing is irrelevant to whether the product was merchantable.
20979_lydia-lotion · TORTS · Choice CPrior to manufacturing and marketing the lotion, the manufacturer received approval for its sale from the federal Food and Drug Administration.
Why it's attractive
Government regulatory approval does not bar common law warranty liability. A product can be FDA-approved and still be unmerchantable.
Why it's wrong
Government regulatory approval does not bar common law warranty liability. A product can be FDA-approved and still be unmerchantable.
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