Shenzhen Limited manufactures electric hair dryers. Julie purchases a Shenzhen L
ID: 329499 • Letter: S
Question
Shenzhen Limited manufactures electric hair dryers. Julie purchases a Shenzhen Limited dryer from her local Sally’s Beauty Supply. Frances, a friend and guest in Julie’s home, has taken a shower and wants to dry her hair. Julie tells Frances to use the new Shenzhen Limited hair dryer that she has just purchased. As Frances plugs in the dryer, sparks fly out from the motor, and sparks continue to fly as she operates it. Despite this, Frances begins drying her hair. Suddenly, the entire dryer ignites into flames, severely burning Frances’ scalp. Frances sues Shenzhen Limited on the basis of negligence and strict liability in tort. Shenzhen Limited admits that the dryer was defective but denies liability, particularly because Frances was not the person who purchased the dryer. In other words, Cox had no contractual relationship with Shenzhen Limited. Discuss the validity of Shenzhen Limited’s defense. Are there any other defenses that Shenzhen Limited might assert to avoid liability? Discuss fully.
Explanation / Answer
Shenzhen Limited has actually done a fraud knowingly. It was also accpeted and in knowledge of the company that the product was defective and it wasn't told to the dealer about that. So it is not the thing that the product wasn't used by its owner. Due to hiding of fact by the company the product got sold. And so whoever used it got hurt. So it is the concealment of fact of the company that they had done a fraud.
As it is clearly accepted by them that their dryer is defective and hence caught fire. So any other defence isn't required to avoid liability. As the fact is accepted by them. Hence due to their wrongful intention and fraud the product got sold and hurt a person, whoever he/she is. So they are completely liable for this damage and so rightly sued by Frances.
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