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Assignment # 1 Negligence 1. Summary of the facts jam Frederick brought a new cable cable auto 8 months ago. He encountered several(prenominal) issues from the 1st day. The issues concern improper brake, clutch and transmission. He took the fomite to the principal right away, and the monger tightened the brakes, replaced the clutch (brake pedal) as well(p) as performed additional repairs on the fuel door, trunk door, and transmission. whizz week later, Frederick was involved in a railroad car contingency due to brake failure, where he was unable to come to a complete stop on a highway with brisk traffic. Luckily there were no injuries and restoration 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 shaper for disregard: James Frederick ( complainant) v. The Car shaper (defendant). 2. Existence of Duty of C ar A car manufacturer has a handicraft to tender cars that are free from defects. If a big vehicle is deemed unreasonably terrible (e.g. faulty model belt buckles, brakes), the manufacturer is liable, sluice though the faulty bod was unintentional because it is reasonably predictable that a car with brakes that do not tend justly could be involved in a car accident and people could gravel injured.

Consequently, the car manufacturer owes a indebtedness of care to anyone who powerfulness be constipationed by his give. prime 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 care to the plaintiff exists. 3. Breach of Duty The car manufacturer breached its duty of care to Frederick by failing to act interchangeable a reasonable 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 to a lower place the reasonable standards of care. Consequently, the defendant has violated the Duty of Care to the...If you pauperization to get a full essay, order it on our website: Ordercustompaper.com

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