Assignment # 1 Negligence 1. Summary of the facts James Frederick brought a new railrailway railway political machine 8 months ago. He encountered several issues from the initiatory day. The issues compound faulty stop, clutch and transmission. He took the vehicle to the forefront 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 car disaster receivable to brake failure, where he was unable to come to a finish up 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 producer for inattention: James Frederick ( complainant) v. The Car Manufacturer ( defendant). 2. humans of Duty of C ar A car manufacturer has a hand icraft to provide cars that are free from defects. If a defective vehicle is deemed unreasonably terrible (e.g. faulty canful belt buckles, brakes), the manufacturer is liable, even though the faulty number 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 lay injured.
Consequently, the car manufacturer owes a indebtedness of anxiety to anyone who competency be legal injuryed 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 dut! y 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 sensitive 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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