Business 8th Edition by Marianne Jennings

تمرين 16

Hubbs, 80, suffered from arthritis and osteoporosis. She purchased the Clapper, a device designed to turn electrical appliances on by responding to sound, namely, the clapping of hands.
Ms. Hubbs did not follow the instructions in the product to adjust its sensitivity. As a result of continual hard clapping, Ms. Hubbs broke her wrists. Ms. Hubbs also did not follow the product instructions to use (buy) a clicker available for the product if clapping is a chore. She sued the Clapper's manufacturer for breach of the warranty of merchantability. Should she recover? [ Hubbs v Joseph Enterprises, 604 N.Y.S.2d 292 (1993)]