Arsenio was injured by a product that had been manufactured by Magic Enterprises Inc. Which of the following statements is TRUE with respect to Arsenio's claim against the company for product liability?
A) The learned intermediary rule will apply if Arsenio uses a lawyer to bring his claim against the company.
B) It will be easier for Arsenio to win in his claim for product liability if his claim is based on an allegation of careless manufacture, rather than careless design.
C) If Arsenio's injury occurred after he used the company's product in an improper way, there is no chance that the company will be held liable.
D) The company may be held liable in contract, but not tort, if Arsenio bought the harmful product directly from the company.
E) because liability for defective products in Canada is strict, Arsenio need not prove that Magic acted carelessly
Correct Answer:
Verified
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