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Which of the following would be considered a "defect" for purposes of 402A?

A. Failure to warn not to put a hair dryer in water
B. Food package that permits tampering
C. A missing bolt on a car steering column
D. All of the above

Answer :

Final answer:

In the context of Section 402A of the Restatement (Second) of Torts, a 'defect' refers to any characteristic of a product that makes it unreasonably dangerous. The scenarios provided all constitute as 'defects' in line with this definition. So, the answer is d) all of the above.

Explanation:

The law topic in discussion relates to Section 402A of the Restatement (Second) of Torts, which deals with special liability of a seller for defective products. In the context of 402A, a "defect" refers to a characteristic of a product that makes it unreasonably dangerous to the consumer or user. Each of the provided choices represent a "defect" within the meaning of 402A, therefore, the correct answer is d) all of the above.

  1. A failure to warn not to put a hair dryer in water could mean the product is more dangerous than a person would expect when used in a foreseeable manner. This qualifies as a defect.
  2. A food package that permits tampering could harm the consumer if the food is intentionally contaminated, which would be a defect.
  3. A missing bolt on a car steering column could cause an accident, leading to harm. This too is a defect.

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