Sally Purchased a Used Toaster at a Yard Sale

question 12

Multiple Choice

Sally purchased a used toaster at a yard sale.The seller told Sally that although the toaster was over ten years old,she had not had any problems with it.Sally takes the toaster home and uses if for a few months.One day,however,as Sally was using the toaster,it malfunctioned and caused a small fire in Sally's kitchen along with significant smoke damage.Sally decides that she wants to sue the manufacturer of the toaster and that she is going to do so within one month of the fire.What would likely be the manufacturer's best defense in a strict liability in tort action brought by Sally?

• A) The statute of limitations
• B) The statute of repose
• C) The fact that Sally bought the toaster at a yard sale, not from a recognized retailer
• D) There would be no viable defense.

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