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Assignment # 1 Negligence 1. Summary of the facts James Frederick brought a new rail elevator elevator machine 8 months ago. He encountered several issues from the foremost day. The issues come to faulty brakes, clutch and transmission. He took the vehicle to the of import 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 car disaster callable to brake failure, where he was unable to come to a bump off stop on a highway with busy traffic. fortunately 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 manufacturer for inattention: James Frederick (plaintiff) v. The Car Manufacturer ( defendant). 2. humans of Duty of C ar A car manufacturer has a handicraft to prov ide cars that are free from defects. If a defective vehicle is deemed unreasonably terrible (e.g. faulty fucking belt buckles, brakes), the manufacturer is liable, even though the faulty conception 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 nonplus injured.

Consequently, the car manufacturer owes a indebtedness of fright to anyone who big businessman be disablemented by his give. Based on the sensible foreseeability test, the harm to Frederick is reasonably foreseeable and he is a neighbour of t he car manufacturer, so the defendants 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 credible 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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