Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." Purchaser, the owner and operator of a cabinetmaking shop, informed Storekeeper that he wanted to buy a reconditioned circular saw for use in his cabinetmaking business. However, the blade that was on the saw he picked out had very coarse teeth for cutting rough lumber. Purchaser told Storekeeper that he wanted a saw blade that would cut plywood. Storekeeper exchanged the coarse blade for a new one with finer teeth that would cut plywood smoothly. The new blade was manufactured by Saw-Blade Company, which uses all available techniques to inspect its products for defects. The reconditioned saw had been manufactured by Power Saw Company. The week after the saw was purchased, Employee, who works for Purchaser in Purchaser's cabinetmaking shop, was injured while using the saw. Employee's arm was severely cut. As a result, the cabinetmaking shop was shut down for a week until a replacement for Employee could be foundIf Employee was cutting a sheet of hard plastic, and while he was doing so, the saw blade flew to pieces and severely cut Employee's arm, and if Employee asserts a claim based on strict liability in tort against Saw-Blade Company, the defense most likely to prevail is
Employee did not purchase the saw blade. the blade was being put to an improper use. Employee was contributorily negligent in using the blade to cut hard plastic. Saw-Blade Company used every available means to inspect the blade for defects.
Question: Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." Purchaser, the owner and operator of a cabinetmaking shop, informed Storekeeper that he wanted to buy a reconditioned circular saw for use in his cabinetmaking business. However, the blade that was on the saw he picked out had very coarse teeth for cutting rough lumber. Purchaser told Storekeeper that he wanted a saw blade that would cut plywood. Storekeeper exchanged the coarse blade for a new one with finer teeth that would cut plywood smoothly. The new blade was manufactured by Saw-Blade Company, which uses all available techniques to inspect its products for defects. The reconditioned saw had been manufactured by Power Saw Company. The week after the saw was purchased, Employee, who works for Purchaser in Purchaser's cabinetmaking shop, was injured while using the saw. Employee's arm was severely cut. As a result, the cabinetmaking shop was shut down for a week until a replacement for Employee could be foundIf Employee was cutting a sheet of hard plastic, and while he was doing so, the saw blade flew to pieces and severely cut Employee's arm, and if Employee asserts a claim based on strict liability in tort against Saw-Blade Company, the defense most likely to prevail is
A. Employee did not purchase the saw blade.
B. the blade was being put to an improper use.
C. Employee was contributorily negligent in using the blade to cut hard plastic.
D. Saw-Blade Company used every available means to inspect the blade for defects.
Answer: