What is the test for agency in a tort action for breach of warranty?
California, United States of America
The following excerpt is from Grinnell v. Charles Pfizer & Co., 274 Cal.App.2d 424, 79 Cal.Rptr. 369 (Cal. App. 1969):
12 The question of agency is inconsequential under the rule of strict liability in tort. However, it is still crucial as to a cause of action for breach of express warranty. (Alvarez v. Felker Mfg. Co., supra, 230 Cal.App.2d 987, 996--997, 41 Cal.Rptr. 514.)
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