A mechanic was attending to an automobile that had defects. In the process of tr

Question

A mechanic was attending to an automobile that had defects. In the process of trying to fix the defect, the mechanic was injured. What is the mechanic’s position in relation to the injury?

One who does not have a contractual relationship can still sue on the theory of breach of warranty; hence, the mechanic can sue the company.

The rule of caveat emptor applies since the buyer has had the full opportunity to make an examination of the goods that would disclose the existence of any defect.

There can be no suit for breach of warranty unless privacy of contract exists between the plaintiff and the defendant.

The mechanic cannot file a suit since, in the absence of fraud on the part of the seller, the maxim called caveat emptor applies, putting the onus back on the buyer and not on the seller.

Explanation / Answer

C is correct because there can be no suit for breach of warranty until a privity of contract exists between one of the trading parties ( buyer or seller) and the third party ( mechanic) which is a separate entity from the buyer and the seller.

As a result the mechanic, not being in contract with either of the parties can't bring a suit. against the company.

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