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Paul Invited Several Friends Over to Celebrate Ann's Birthday

Question 21

Multiple Choice

Paul invited several friends over to celebrate Ann's birthday. About an hour before the guests arrived, Paul bought some sparkling wine and put it in his refrigerator. When all the guests were assembled, Paul lifted the chilled bottle of wine from its gift box. Before it was completely out of the box, the bottle exploded, sending glass in all directions. The glass cut Paul's hand and also the eye of one of his guests, Joan. No one else was hurt at all. Assuming all these facts could be proved, which of the following is true?


A) Because Joan did not buy the wine, she has no cause of action against anyone.
B) Joan could sue Paul successfully for the tort of negligence for buying and serving sparkling wine.
C) All the guests, including Joan, could successfully sue the manufacturer for negligence; they need only prove that the explosion was the fault of the manufacturing process.
D) If Joan sued the manufacturer for negligence, the court could draw, from the circumstantial evidence of the injury, a conclusion that someone must have been negligent, leaving it to the manufacturer to produce evidence to the contrary.
E) Only Joan has a right to sue in contract.

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