Problem:
Whistle Co. manufactures whistles for a variety of purposes. The company plans to introduce a whistle for use as a referee's whistle at indoor sporting events. This particular whistle has a specially-shaped body that is supposed to produce a particularly shrill sound that can be heard over the roar of a rowdy crowd. Ralph the referee bought one of these whistles and when he went to use it, the sound it made was so dull that none of the players could hear it. It turns out that Whistle Co. never tested their new whistle and the special shape doesn't actually work as intended. Ralph's damages consist of his lost time and expenses of researching, purchasing, and returning the defective whistle. Group of answer choices The defect type is defective design and the theory of recovery is strict liability because Whistle Co. is a commercial supplier. The defect type is defective manufacturing and the theory of recovery is negligence because Whistle Co. was not as careful as a reasonable whistle manufacturer should have been because it did not test the whistle before selling it. The defect type is defective manufacturing and the theory of recovery is Express Warranty because the whistle