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Assignment # 1 Negligence 1. Summary of the facts James Frederick brought a new rail simple machine 8 months ago. He encountered several issues from the first day. The issues pertain faulty halt, clutch and transmission. He took the vehicle to the leading right away, and the dealer tightened the brakes, replaced the clutch (brake pedal) as well as performed additional repairs on the fuel door, trunk door, and transmission. One workweek later, Frederick was involved in a gondola disaster receivable to brake failure, where he was unable to come to a have sex stop on a highway with busy traffic. as luck would have it there were no injuries and damages to the other driver. However, as a result of the accident, Frederick suffered a disc herniation and damages to his automobile. Frederick sues the car shaper for inattention: James Frederick ( complainant) v. The Car Manufacturer ( defendant). 2. humankind of Duty of C ar A car producer has a handicraft t o provide cars that are free from defects. If a defective vehicle is deemed unreasonably terrible (e.g. faulty keister belt buckles, brakes), the manufacturer is liable, even though the faulty formula was unintentional because it is reasonably foreseeable that a car with brakes that do not work justly could be involved in a car accident and people could present injured.

Consequently, the car manufacturer owes a indebtedness of administer to anyone who aptitude be abuseed by his give. Based on the sensible foreseeability test, the harm to Frederick is reasonably foreseeable and he is a neighbour of the car manufacturer, so the defendants duty of car! e to the plaintiff exists. 3. Breach of Duty The car manufacturer breached its duty of care to Frederick by failing to act like a honest car manufacturer would have acted. By producing a car with defective brakes and fixing the vehicle improperly, the conduct of the manufacturer is found negligent and fallen below the reasonable standards of care. Consequently, the defendant has violated the Duty of Care to the...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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