1. Johnny sells his car to Tammy for $700. Johnny works as a construction worker. Johnny notifies Tammy that he has the goods at the buyerâ€™s disposition, and that Tammy is free to pick them up at any time. While Tammy is on her way, the car is stolen with no fault at Johnny. Who bears the risk of loss? Assume the contract is silent on who bears the risk of loss.
1. The Soda Company manufactures bottles to contain carbonated beverages. They have invested millions of dollars to provide the most state-of-the-art bottling facility the world has ever seen. And their QA process is unmatched. The Soda Company takes every precaution to ensure that itâ€™s bottles are of the highest quality. One day Cody buys a bottle of soda with a bottle manufactured by the Soda Company. The bottle was not substantially changed from the time of manufacture to the purchase. As soon as Cody opens the bottle, it explodes in his hand causing lacerations. Cody sues for negligence. Will he recover? Be sure to list and apply the elements of negligence to this case.
1. Same facts as #4 except that Cody sues under a strict product liability theory. Will Cody recover under strict product liability? Be sure to list and apply the elements of strict product liability to this case.