Which of the following is true regarding a lawsuit brought by Alice's parents against the manufacturer for negligence?
A) Because neither Alice nor her parents were in privity of contract with the seller, no one other than Rambo's mother may be sued for negligence.
B) Privity of contract is not necessary in order to sue for negligence so the fact that neither Alice nor her parents were in privity of contract with the seller would not prevent a negligence based action.
C) Although privity of contract is not an issue, Alice's parents would be unable to prevail in a negligence action because Alice did not sustain permanent physical injury.
D) Although privity of contract is not an issue, Alice's parents would be unable to prevail in an action against the manufacturer for negligence because they did not read the instruction booklet.
E) Alice's parents would be prohibited from suing the manufacturer because of the federal law prohibiting lawsuits for failure to warn in cases involving children.
Correct Answer:
Verified
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