Barbara purchases a Radartel cellular phone. One of the reasons she bought this was for security because she lives alone and often travels alone.

Barbara purchases a Radartel cellular phone. One of the reasons she bought this was for security because she lives alone and often travels alone. After using the phone for about a week, she noticed that the rechargeable batteries (supplied in the phone by the maker) lasted a shorter time than claimed by the manufacturer. One evening a few days later, Barbara was in bed, but not yet asleep, and heard someone in her living room. She picked up the cellular phone from beside her bed and attempted to make an emergency call to 911, but the batteries were dead. She panicked and stayed in her bed motionless. About 5 minutes later, the burglar came into her bedroom, at which point she screamed. As he then tried to climb out the bedroom window she hit him with a lamp, but he kicked it back at her and injured her. The burglar got away and was never caught. Barbara sues Radartel, the maker of the phone. Prior to the lawsuit she returned the phone to the store where she bought it and learned that the batteries were defective, at which point she was provided with new batteries which have worked properly since then. Discuss the likely basis for Barbara's suit, the defenses that Radartel might raise, and the likely outcome.

Consumer rights are an extremely important aspect and the batteries should have beentested before they were sold. But Radartel cannot be sued because they manufacture thephone and not the...