Victor purchases, from the neighborhood hardware store a hammer manufactured by the Sham
Corporation. When Victor used the hammer for the first time, the head of the hammer flew off the
handle and slammed against Victor’s forehead, causing Victor to experience severe headaches for
two weeks following the unfortunate accident.
a. Does Victor have any causes of action against Sham? What theories does he rely on?
Yes, Victor has causes of action against Sham. Every manufacturer or seller should cover product
liability and should be liable for selling defective products to consumer. The law imposes some
responsibilities on the seller for the quality and fitness of the goods. The product should be properly
tested before going on sale to prevent the sellers from such incidents. Another way to look at it is
through implied warranty theory. Sham is a merchant and the goods that he sells are good for their
ordinary purpose. The head of the hammer was not expected to fly off during the usage and should
have any sort of defects, but it did come off flying and injured Victor which puts Sham in a position
as a seller to cover the damages caused by the hammer to Victor under implied warranty theory.
There is another thing to consider which is false usage. If a hammer is being used improperly or for
something that it is not meant or produced for then in that case the buyer can’t have any causes of