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Assignment # 1 Negligence 1. Summary of the facts James Frederick brought a new rail cable rail railcar 8 months ago. He encountered several issues from the first day. The issues entangled faulty halt, clutch and transmission. He took the vehicle to the master(prenominal) 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 repayable to brake failure, where he was unable to come to a cop 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 shaper for inattention: James Frederick ( complainant) v. The Car Manufacturer ( defendant). 2. populace 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 undersurface belt buckles, brakes), the manufacturer is liable, even though the faulty innovation 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 bewilder injured. Consequently, the car manufacturer owes a indebtedness of sustentation to anyone who cogency be ill-treated 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 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 level-headed 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 r easonable standards of care. Consequently, t! he 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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