Joe Buys a Bottle of Coca-Cola

question 41

Essay

Joe buys a bottle of Coca-Cola.When Joe spots a needle inside the bottle,his buddies dare him to drink the coke.After doing so,Joe suffers physical injury as the needle sticks in his throat.Joe sues Coke under section 402A;Coke defends by arguing assumption of risk on Joe's part.Transylvania,however,has eliminated assumption of risk as a separate defense in product liability cases.Instead,it has a comparative fault statute just like the statute in the Jimenez case in the text.Under that statute,what is the result of Joe's lawsuit and why? Assume that Coke would be liable under section 402A.

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Definitions:

Control Account

An account in the general ledger used to summarize the details of a subservient ledger.

Subsidiary Accounts

Detailed records that support and summarize information in a controlling account, often used for individual items or customers.

Cash Refund

An amount paid by the seller to the buyer for merchandise that is defective, is damaged during shipment, or does not meet the buyer’s expectations.

Cash Payments Journal

The special journal in which all cash payments are recorded.