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Question
Small Feast Caterers is a restaurant located in Brooklyn, New York. Stoelzle-Oberglas, USA is an improter and distributor of restaurant supplies including water glasses. Afamily was dining at the restaurant when a glass of water shattered in the hand of a child, the shards of glass causing serious injuries.
The mother of the child sued on the child’s behalf, alleging breach of express warranty, breach of implied warranty, and strict product liability. The resturant argued it is not liable for the harm caused by the defective water glass because it is not in the business of selling water nor selling water glasses. An expert noted the glass had recently been extracted hot from a dishwasher, and ice water soon poured into it. Both defendants filed motions for summary judgement.
Question:
A. Was an express warranty created when the restaurant provided a customer with a glass of water?
B. Was an implied warranty created when the restaurant provided a customer with a glass of water? Which one?
C. Would the implied warranty apply to the glass, the water, or both?
D. Can there be a “sale of a good” when the glass remains the property of the restaurant?
E. Can the restaurant be liable under strict product liability?
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The post Was an express warranty created when the restaurant provided a customer with a glass of water? appeared first on Wise Papers.
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