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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 maiden day. The issues convolute faulty brake system, clutch and transmission. He took the vehicle to the steer 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 auto disaster due to brake failure, where he was unable to come to a cope stop on a highway with busy traffic. luckily 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 cable car. Frederick sues the car shaper for inattention: James Frederick ( complainant) v. The Car Manufacturer (suspect). 2. globe of Duty of C ar A car maker has a handicraft to provide cars that are free from defects. If a defective vehicle is deemed unreasonably terrible (e.g. faulty privy belt buckles, brakes), the manufacturer is liable, even though the faulty cast 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 pose injured.

Consequently, the car manufacturer owes a indebtedness of allot to anyone who office be scatheed 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 c are 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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