While at a baseball game one afternoon, Jack bought Matt a hot dog. When Matt bit into the hot dog he broke his tooth on a nail in it. i. Jack cannot sue the hot dog vendor for breach of contract.
ii. Matt can sue the hot dog vendor for breach of contract.
iii. Jack can sue the hot dog manufacturer under the tort of manufacturer's liability
iv. Matt can sue the hot dog manufacturer under the tort of manufacturer's liability.
v. The hot dog manufacturer will be strictly liable for allowing an inherently dangerous hot dog to leave his property and injure Matt.
vi. Jack can sue for his emotional distress caused by the sight of blood coming from Matt's mouth.
A) i and iv.
B) i, iv and vi.
C) i and ii.
D) ii and iii.
E) ii, iii, v and vi.

Question

Quizplus · Accepted Answer

i. Jack, having bought the hot dog, entered into a contract with the vendor, but it was Matt who was injured. Therefore, Jack cannot sue for breach of contract on Matt's behalf.iv. Matt, being injured by the product, can sue the manufacturer under the tort of product liability (manufacturer's liability), as he was directly harmed by the defective product.

While at a Baseball Game One Afternoon, Jack Bought Matt