[Scissors Injury] Yvonne Bought a New Pair of Large-Sized, Extra-Sharp

question 41

Multiple Choice

[Scissors Injury] Yvonne bought a new pair of large-sized, extra-sharp scissors made by CutCo at her local store, BuyStuff. At the time of purchase, Yvonne noticed that the packaging was torn. The clerk offered her a discount because of the damage. When Yvonne tried to open the package containing the scissors at home, she found the hard plastic packaging was difficult to open. Her roommate, Gwen, handed her a knife to cut the packaging. While Yvonne was cutting, the hard plastic sliced her finger, causing her to drop the package. When the package fell, the scissors fell out of the package onto Yvonne's toe. Gwen then picked up the scissors and ran to call an ambulance. Unfortunately, she tripped and fell while running with the scissor blades facing up, and was stabbed in the stomach. Yvonne and Gwen each suffered injuries and sued CutCo and BuyStuff, alleging strict product liability.
-What must a plaintiff show to establish a claim for breach of express warranty?

• A) The representation was the basis of the bargain and there was a breach of the representation.
• B) The representation was the basis of the bargain and the breach was the defendant's fault.
• C) There was a breach of the representation and the breach was the defendant's fault.
• D) The representation was the basis of the bargain, there was a breach of the representation, and the breach was the defendant's fault.
• E) The representation was the basis of the bargain, there was a breach of the representation, and the defendant's negligence caused her injury.

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Definitions:

Fossa

A depression or sunken area in the bone, usually where muscles or tendons attach.

Bone Marking

Features on bones, such as ridges and bumps, that indicate where muscles, tendons, and ligaments attach.

Articular Surface

The surface of a bone that comes into contact with another bone to form a joint, facilitating smooth movement between them.

Facet

A small, smooth, flat surface on a bone, often where two bones articulate.