Paul was very excited about his first new vehicle purchase.He borrowed funds from his bank with which to purchase the car.Unfortunately,just a few days after he purchased the vehicle,the pistons in the engine overheated causing the engine to seize rendering the vehicle unusable.No one was injured,but Paul is very upset about his vehicle and plans to sue based on strict liability under the theory set forth by Section 402A of the Restatement (Second) of Torts.Which of the following is the most likely resolution of his claim?
A) He will be allowed to proceed because the vehicle was in a defective condition.
B) He will be allowed to proceed only if he can establish that he did appropriate research prior to purchasing the vehicle and had no reason to know that it was likely to be defective.
C) He will be allowed to proceed so long as he is up-to-date on his loan payments.
D) He will not be allowed to proceed because there is no recovery under a strict liability theory for solely economic damages.
E) He will not be allowed to proceed because the only avenue for this type of claim is through a negligence action.
Correct Answer:
Verified
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