Question

Mack is injured by a tractor manufactured by WestCo. In order to defend against a negligence claim based upon the product, WestCo may show that it exercised "due care" by all of the following except:

Answer 1

B) showing the absence of privity of contract between it and the consumer.

Step-by-step explanation:

Privity of contract refers to a legal doctrine that states that only the parties involved in a contract are subject to the obligations and rights of the contract.

In order for any case to be carried on, there must be privity of contract between the parties, and so privity is not something that WestCo. should defend themselves from, because it either exists or not. In this case, Mack was using their tractor, so it exists.