Question

Check My Work Mack is injured by a tractor manufactured by WestCo. In order to defend against a negligence claim based upon the product, WestCo may show that it exercised "due care" by all of the following except:
a. using the appropriate production process.
b. placing adequate warnings on the label to inform the user of dangers to which an ordinary person might not be aware.
c. inspecting and testing any purchased components used in the final product.
d. showing the absence of privity of contract between it and the consumer.

Answer 1

Answer:

Option D Showing the absence of privity of contract between it and the consumer.

Explanation:

The reason is that privity of contract says that the party of the contract are only allowable to sue each other which in other words can enforce the other to fulfill his requirements that were agreed while forming contract. So the right answer is option D because it is not related to the negligence claim.

The duty of care that the company owes towards its product's users includes using appropriate production process so that the customer will not be injured, placing the caution and warning labels so that the person can save him from the injury and the company has used components that will not harm the user of the product.

So all the options are correct except option D.