Prudence purchased a new printer for her business from ABC Company.Three years to the day after she purchased the printer,she started noticing problems with it.She negotiated with ABC Company,but was unable to get a resolution to her problems.She sued ABC Company four years and one day after she bought the printer.ABC Company defended on the basis that it was only the seller,not the manufacturer,and also on the basis of the statute of limitations.Assuming the printer is defective and the court follows the reasoning of the case in the text Melissa Kahn v.Volkswagen of America Inc.,which of the following is true regarding the positions of the parties?
A) ABC Company will win because although Prudence sued within the statute of limitations, in such situations Prudence must sue the manufacturer.
B) ABC Company will win because although Prudence correctly sued the seller, Prudence filed suit outside the four year statute of limitations.
C) ABC Company will win because in such situations Prudence must sue the manufacturer and also because Prudence filed suit outside the four year statute of limitations.
D) Prudence will be allowed to proceed because she can hold ABC Company responsible and because the statute of limitation was tolled during negotiations, she sued on a timely basis.
E) Prudence will win because she can hold ABC Company responsible and because there is no statute of limitations for business goods of this type.
Correct Answer:
Verified
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