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Joe recently purchased a can of shaving cream from his pharmacy. After shaking the can as directed, ...

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Joe recently purchased a can of shaving cream from his pharmacy. After shaking the can as directed, ...

Joe recently purchased a can of shaving cream from his pharmacy. After shaking the can as directed, Joe pushed the button on top. Suddenly and without warning, the can exploded causing serious injury to Joe. As a result of the explosion, the can of shaving cream was destroyed. In an action by Joe against the manufacturer, the following principle of law will apply:
a. The shaving cream manufacturer will be held strictly liable for damages caused by the explosion.
b. The court can infer negligence on the part of the manufacturer on the basis of the circumstantial evidence resulting in a shift of the burden onto the manufacturer to prove that it was not at fault.
c. Joe will be unable to meet the burden of proof in establishing that the manufacturer was negligent given the destruction of the evidence.
d. Joe will be found to be contributorily negligent.

Textbook

The Law and Business Administration in Canada

Edition: 14^th

Authors: Smyth, Soberman, Easson, McGill

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