Assignment task:
National Motors is an auto manufacturing company. It sells a new EV car to Elon for $45,000. On the very day Elon buys the car, he is driving the car on the West Side Highway when the power steering mechanism fails because of a manufacturing defect. It is impossible to steer the car under these circumstances, and Elon unavoidably gets into an accident. As a result of the accident, Elon suffers a concussion. When Elon bought the car, he signed an contract, which stated in bold letters: "The seller, National Motors, disclaims any and all liability of any description for any accident that the buyer, Elon Brusk, has while operating the vehicle sold to him in this contract." Elon sues National Motors for strict liability in tort and for breach of the implied warranty of merchantability.
(1) List the elements of a strict products liability of tort claim, and for each element simply state whether or not Elon can support each element under the facts provided. Do not explain. Simply state either yes or no for each element.
(2) Will the disclaimer of liability be effective against Elon's strict products liability claim? Explain in one sentence. .
(3) Will the disclaimer of liability be effective against Elon's implied warranty of merchantability claims? Explain in one sentence.