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Questiоns 19 аnd 20 аre bаsed оn the fоllowing fact pattern: ABC, a manufacturer of appliances, placed a newly designed clothes dryer on the market. 10 years of testing prior to its release showed that the machine was faster and quicker than any previous model and was cheaper to manufacture too. After 10 months of its release on the market, ABC discovered that a small part inside had the tendency to create sparks if used continuously for more than two hours. ABC promptly notified all of its retailers that it was recalling machines still in stock at stores to fix the part. It also sent a notice letter to previous buyers, warning of the possible danger, urging the buyers to arrange a pick up the machines, and advising the buyers who wished to use the machines in the meantime to do so only for no longer than an hour. Annnette, a purchaser, having been notified, arranged to have someone pick up her machine on the following Monday. Over the weekend, Annette was visited by her daughter Heather and her two grandchildren aged 5 and 3. On Sunday, Annette left the house to go shopping. She forgot to warn Heather about the clothes dryer. Heather undertook to do a heavy load of accumulated clothes and washed shoes. She loaded the machine fully and repeatedly for 3 hours. Leaving the laundry room with the children in the adjacent living room, she took a brief nap. The machine overheated; it caught fire and the fire spread to the living room. The children fainted due to the smoke. Awakened by the smoke, Heather rushed down to the living room, screaming for help. At that time, Annette just happened to be returning home and rushed in to help. Together they entered the living room and carried out the children. Heather and Annette both suffered injuries from the fire and smoke in rescuing the children. 19. If Heather asserts a claim based on strict liability against ABC for damages, the probable result is that ABC will:
24. Yоung wаs а 35 yeаr оld attоrney who purchased a brand new high-powered Jaguar 750i with a turbo engine that was marketed with an intended appeal to youthful drivers. The car was designed with the capability to attain speeds in excess of 180 miles per hour. It was equipped with an engine designed and tested only for a maximum safe speed of 120 miles per hour. The owner’s manual that came with the car stated that “continuous driving over 100 miles per hour may result in excessive oil consumption,” but the manual did not describe the amount of oil the car may consume or how often it would need a top up. Other car manufacturers did not have oil consumption issues, except for Zolvo cars. Young took his new car out for a spin on a straight, smooth country road where the posted speed limit was 55 miles per hour. Intending to test the car’s power, he drove for a considerable distance at over 120 miles per hour. While he was doing so, the engine had consumed all of the engine oil inside, causing the car to suddenly fail. Young lost control and sustained severe injuries. Young has brought a strict product liability action in tort against Jaguar, the manufacturer of the car. Assume that pure comparative negligence principles apply to this case. Will Young prevail?