Liability or breach of warranty based upon application


Problem: Evaluate whether a strict liability or a breach of warranty cause of action is the best choice for this type of products liability claim. Next, draft one to two page paper discussing your choice as well as explaining the underlying legal basis for your conclusions. Your paper should clearly demonstrate and support your choice of strict liability or breach of warranty based upon application of the law in association with the facts of this hypothetical.

Hypothetical:

Whopper Toys Corporation manufactures "Mr. Killjoy," a combat doll. Mr. Killjoy comes equipped with sharp plastic swords that fit into his hands for mock battles. Whopper indicated on the back of its packaging that this toy was not suitable for children under the age of 6. This was the only warning printed on the package. Franco bought a Mr. Killjoy figure for his 4-year-old son, Francisco. While playing with Charlotte, a 3-year-old neighbor girl, Francisco had the doll "attack" her. Its sword stabbed Charlotte through her nose, leaving a permanent scar.

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Other Subject: Liability or breach of warranty based upon application
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