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Andy is driving a 20-year-old boat that he borrowed from a friend. While he's on the water, the steering system fails and the boat crashes.

Andy is driving a 20-year-old boat that he borrowed from a friend. While he's on the water, the steering system fails and the boat crashes. Subsequent investigation shows that the steering system failed as a result of corrosion. Andy sues the boat manufacturer for negligence.

How strong is his negligence case against the product manufacturer?

  • Weak, unless he can show that the corrosion was the result of a design defect rather than normal wear and tear on a 20-year-old boat.
  • Strong, because proximate cause between the corroded steering system and the crash is easy to establish.
  • Weak, because he does not have privity of contract, since he was borrowing his friend's boat.
  • Strong, because there is no evidence that Andy's own actions contributed to the damages.

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