Janice Stone Wanted to Go Rock Climbing and Needed Some

question 9

Essay

Janice Stone wanted to go rock climbing and needed some rope. She went to Bill's Hardware Store, told the salesman that she wanted some rope, and described to him what she was going to use it for. The salesman recommended a polypropylene rope and on the basis of this recommendation Janice bought the rope. Janice used the rope for rock climbing and was injured when the rope broke. She subsequently learned that polypropylene rope is unsuitable for rock climbing as it wears wherever it is bent and is hence subject to breakage.
a. Janice sued Bill's Hardware Store. What must she prove to be successful and what are her chances of success?
b. If Janice brought in a sample of polypropylene rope and asked specifically for that type of rope would the result be different than (a) above?

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Definitions:

Human Evolution

The lengthy process of change by which people originated from apelike ancestors, characterized by developments such as bipedalism, larger brains, and other traits.

Denisovans

An extinct species or subspecies of archaic humans in the genus Homo, known primarily from their DNA extracted from fossil remains found in Siberia.

Neanderthals

An extinct species of human, closely related to modern humans, that lived in Europe and parts of Asia until approximately 40,000 years ago.

Hominin Tools

Tools made by hominins, ancestors of modern humans, used to aid in activities such as hunting, processing food, and constructing shelters.