Torts Keyed to Dobbsback
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A customer thanked the garage for repairing his car’s steering column, paid him, and drove away. The garage forgot to tell the customer that he had not found time to repair the car. The customer saw an employee, one of the garage’s mechanics, walking home, and offered him a ride. Employee knew that the customer’s car had not been repaired. He also knew that the customer thought it had been fixed, but he kept this information to himself because the employee and the customer were good friends, and the employee didn’t want to ruin the customer’s day.
It was a beautiful spring day. The customer was driving with his windows open, well within the speed limit, casually appreciating the smell of the early evening air, when a driver opened the door of her parked car. She had seen the customer’s car approaching, but reasoned that, if she moved quickly, she could close her door in plenty of time. The customer tried to swerve out of the way of the open door, but his wheel locked because of the malfunctioning steering column. Both an employee and the customer were seriously injured. Had the steering column been repaired, the collision could have been avoided.
If the customer brings suit against the driver, is he likely to prevail?CorrectIncorrect
A manufacturer makes a home coffee maker. A retailer purchased several hundred coffee makers under an arrangement whereby the retailer was responsible for shipping the merchandise from the manufacturer’s factory to his stores.
While loaded with coffee makers, one of the retailer’s trucks skidded on a highway and careened into a guardrail. The appliances were thrown about the truck, toward the front of the cargo area.
A consumer purchased a coffee maker from the retailer at a reduced price because the box was damaged. The consumer had no reason to assume the appliance inside was damaged as well. A guest at the consumer’s home turned on the coffee maker to make a cup of coffee in the morning. The machine exploded. The guest suffered third-degree burns on his face. The explosion was caused by a defect created in the truck’s accident.
Will the guest prevail in an action for her injuries against the consumer?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