Thomas Ossi purchased a jar of mixed nuts from Bottle Champ Liquors. When Ossi bit down on an unshelled nut, believing it to be shelled like every other nut in the jar, he damaged his tooth causing severe pain and suffering. Ossi sued Bottle Champ Liquors for damages. State whether Ossi will win this lawsuit or not and why. Explain the cause of action and cite any cases or theories discussed in class to support your position.
Bernice purchased a trampoline from ABC Trampolines. Included in the Instruction manual was a slip of paper which stated that Purchaser released ABC Trampolines from any consequential damages for personal injury. Unfortunately, while using Bernice's trampoline in a proper manner, Bernice's sister Eunice suffered a broken leg when the trampoline ripped. Eunice went to ABC Trampolines to ask for them to pay the hospital bill and ABC refused, stating the disclaimer relieved them from any liability. Is ABC correct? Can Eunice even sue ABC? Why or why not? Cite any cases discussed in class to support your position.