Question

Ralph purchases a porch swing and is assured by the salesperson that it can safely support an adult and hold up to 200 pounds. The salesperson knows that there have been issues with this model of porch swing not reliably supporting the weight of adults in the past. A visitor to​ Ralph's home,​ Jessica, who weighs less than 200​ pounds, is injured when the porch swing fails. She sues the store that sold the porch swing under a theory of misrepresentation. Jessica will​ ___________.A.prevail in her suit because the salesperson engaged in fraudB.prevail in her suit because the store is strictly liableC.prevail in her suit as the product was clearly misrepresentedD.not prevail in her product liability suit under a theory of misrepresentationE.prevail in her suit because the salesperson was negligent

Answer 1

Answer:

D) not prevail in her product liability suit under a theory of misrepresentation

Explanation:

Jessica's claim can be based on negligence or breach of warranty, but not misrepresentation.

In product liability lawsuits, misrepresentation theory is used when false advertising occurs, but n this case that didn't happen.

Her claim should be based on negligence because the manufacturer knew that the swing was defective and didn't do anything to correct it. Or it can be based on breach of warranty because the salesperson expressly warrantied that the swing would resist and adult.

Answer 2

Answer:

The best answer is "D"

Explanation:

Jessica will not prevail in her product liability suit under a theory of misrepresentation.

The key to recovery on the basis of misrepresentation is the plaintiff's ability to prove that he relied upon the representations that were made and for Jessica she is a little more the 200 pound mark.