Civil Law, 2011 Bar — Question 37

MULTIPLE CHOICE

Acme Cannery produced sardines in cans known as "Sards." Mylene bought a can of Sards from a store, ate it, and suffered from poisoning caused by a noxious substance found in the sardines. Mylene filed a case for damages against Acme. Which of the following defenses will hold? A) The expiry date of the "Sards" was clearly printed on its can, still the store sold and Mylene bought it. B) Mylene must have detected the noxious substance in the sardines by smell, yet she still ate it. C) Acme had no transaction with Mylene; she bought the "Sards" from a store, not directly from Acme. D) Acme enjoys the presumption of safeness of its canning procedure and Mylene has not overcome such presumption.

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