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In March 2010, a New Jersey man's face was badly burned after leaning over his sizzling hot plate of fajitas from Applebee's restaurant to pray. He sued Applebee's for his injuries. The appeals court
determined that the restaurant was not responsible because it has no need to warn patrons "...against a danger that is open and obvious." The ruling is based on what theory?
a. caveat emptor.
b. assumption of the risk.
c. no privity.
d. misuse of the product.