Contracts Keyed to Barnettback
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A driver purchased a new automobile from a car dealer. Within a few days of the purchase, the driver returned the car to the dealer for repairs because the car kept pulling to the left whenever the driver applied the brakes. The dealer’s mechanic readjusted the brakes but did not detect any other problem with the brake system. The dealer’s mechanic assured the driver that the brakes were fixed and, even if they did pull the car to the left again, the brakes would still allow the car to stop.
The car worked fine for two days, but then the brakes started pulling to the left again. As the driver was driving the car back to the dealer’s shop for further repair, he saw a pedestrian crossing the street. The driver pressed his foot down on the brake pedal, but the master cylinder failed, and the car would not stop. The driver’s car struck the pedestrian, injuring him.
If the pedestrian sues the driver for his injuries:CorrectIncorrect
A college student borrowed his roommate’s electric razor. The roommate forgot to warn the student to ground the razor since the razor had some bare wires inside of it that were not visible to the casual user. The student received a severe shock while shaving, causing permanent paralysis in his right arm.
If the student asserts a claim against the roommate, he will most likely:CorrectIncorrect
A developer was the developer of a seventy-story luxury condominium complex in a city. She hired a builder, an independent contractor, to build the steel frame of the building. The builder was given carte blanche from the developer to handle all technical matters concerning the construction of this frame.
A week after the frame was completed and the developer had paid the builder, a steel girder fell from the top floor. The end of the girder fell on the building inspector, and caused him severe leg injuries.
The inspector brought suit against both the developer and the builder, who both admit that the girder fell because the builder had not followed the standard procedures of the construction industry in building the frame.
In the suit brought by the inspector against the builder, the builder’s best argument is that:CorrectIncorrect
A doctor is a surgeon in a very small town. In a routine operation, the doctor removed a victim’s gallbladder, but left a pair of scissors in the victim’s abdomen. The doctor admitted he left the scissors in and offered to remove them for free. The victim filed suit against the doctor for negligence.
To establish a breach of the duty by the doctor, the victim:CorrectIncorrect