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Sunday, December 22, 2013

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Assignment # 1 Negligence 1. Summary of the facts James Frederick brought a new rail political machine 8 months ago. He encountered several issues from the beginning(a) day. The issues regard faulty halt, clutch and transmission. He took the vehicle to the point 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 week later, Frederick was involved in a auto disaster cod to brake failure, where he was unable to come to a sail through stop on a highway with busy traffic. fortuitously 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 car. Frederick sues the car maker for inattention: James Frederick ( complainant) v. The Car Manufacturer ( defendant). 2. domain of Duty of C ar A car producer has a handicraft to provide cars that are free from defects. If a defective vehicle is deemed unreasonably terrible (e.g. faulty property belt buckles, brakes), the manufacturer is liable, even though the faulty digit 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 get injured.
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Consequently, the car manufacturer owes a indebtedness of solicitude to anyone who capacity be rail ated 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 defe ndants duty of care to the plaintiff exists.! 3. Breach of Duty The car manufacturer breached its duty of care to Frederick by failing to act like a conceivable 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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