Darla is in the pest control business. she develops and produces fumigation gas for her
own use. she also sells the gas to consumers. some of her competitors do not sell
gas to consumers because consumers sometimes do not follow safety instructions.
darla sold a container of fumigation gas to albert for use in ridding his apartment of
insects. although she had intended to produce gas of standard toxicity, she had
unknowingly produced gas of unduly high toxicity. albert used the gas and succeeded
in killing all the insects in his apartment. because he used the gas carelessly, some
made its way into the apartment of his neighbor, paul. the gas caused paul to suffer
serious lung damage and to fear that he would contract cancer as a result.
1. is darla liable to paul? discuss.
2. if so, may paul obtain damages from darla for fear of contracting cancer? discuss.