Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular

Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular. The pacemaker is manufactured by Benford, Inc. In this case, Dr. DeBenedetto, the surgeon, is considered as the dominant element. Supposing that the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure?

A) Benford, Inc. would be liable for this.

As the pacemaker is bought by the patient, there is an agreement between the pacemaker manufacturer and the patient. The pacemaker is supposed to be active as the surgery was successful and pacemaker was successfully implanted.

3. Clayton, Inc. is a toy manufacturer that has released a new line of action figures. The toys are targeted to children between the ages of one to two. However, they come with tiny detachable weapons that can be accidentally swallowed by children of that age. Which of the following defects do the action figures have that will make them strictly liable for any injuries caused?

A) defect in design is the correct answer

As the toys are supposed to be designed for children between the ages of one to two the defect in design should not be there.

Contract Law:

The contract is an agreement between two or multiple parties creating mutual obligations which is enforceable by law. The basic elements required for the contract is:

(1) legally enforceable

(2) meeting of the mind

(3) valid offer and acceptance;

(4) consideration

(5) capacity