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Barry Buys a New Sports Car

Question 61

Multiple Choice

Barry buys a new sports car.The car sits low to the ground and because of the styling,visibility,to the rear is limited.About a month after Barry has the car he backs over his pet poodle as he is leaving for work.In his strict liability suit against the car manufacturer,Barry will:


A) win because driving a sports car is an inherently dangerous activity
B) win on the basis of design defect
C) win on the basis of packaging defect because the car could have been packaged in a differently styled body
D) lose because he assumed the risk of backing up in a car when he could not see to the rear
E) lose because he is not in privity of contract with the car manufacturer

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