Bar Exam (US) Torts: Bendix, a manufacturer of appliances, put a washing machine of a new and ad...

Question

Bendix, a manufacturer of appliances, put a washing machine of a new and advanced design on the market. Two years of experimental use prior to commercial marketing had demonstrated that the machine laundered clothes more cleanly, more rapidly, and at a lower cost than any previous model.

After nine months of commercial sales on a nation-wide basis, Bendix discovered that an electrical unit in the machine tended to overheat greatly when the machine was heavily loaded or used continuously for more than one hour. Bendix promptly notified all dealers that it was recalling machines still in dealers' stock for corrective adjustment. It also provided all dealers with forms of notice to previous purchasers, warning the purchasers of the hazard, urging the purchasers to arrange with the dealers to pick up the machines, with full reimbursement to the purchasers (at the manufacturer's expense), and advising the purchasers who wished to use the machines pending pick-up by the dealer to do so only with a clothes load of not more than one-half the machine's capacity and for no longer than three-quarters of an hour.

Doris, a purchaser, having been notified, arranged on Thursday to have a dealer pick up her machine on the following Monday. Over the weekend, Doris was visited by Peggy, her married daughter and two grandchildren aged five and three. On Saturday, Doris left the house to go shopping. She forgot to warn Peggy about the washing machine. Peggy undertook to do a heavy load of accumulated laundry including children's clothing and bedding. She loaded the machine fully and repeatedly for an hour and a quarter. Leaving the laundry room with the children in it, she retired for a brief nap. The machine overheated; its paint caught fire and the fire spread to the window curtains and generally into the room. The children were felled by the smoke. Awakened by the smoke, Peggy rushed down to the laundry, screaming for help. Nellie, a neighbor, rushed into the house after phoning the fire station. Together they entered the laundry room and lifted and carried out the children. Peggy and Nellie both suffered injuries from the fire and smoke in rescuing the children. Firemen arrived soon thereafter and extinguished the fire.

If Peggy asserts a claim based on strict liability against Bendix for damages, the probable result is that Bendix will

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    win, because she was not the purchaser of the washing machine
  2. B
    Correct Answer
    win, because Bendix issued warnings to dealers and purchasers regarding the defect
  3. C
    Correct Answer
    lose, because Bendix negligently designed the washing machine
  4. D
    Correct Answer
    lose, because the washing machine was defective and unreasonably dangerous
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