Question
Horace owns a business where he repairs lawnmowers.He drives to the homes of customers and then loads their lawnmowers onto his truck.He fixes the lawnmowers
Horace owns a business where he repairs lawnmowers.He drives to the homes of customers and then loads their lawnmowers onto his truck.He fixes the lawnmowers at his shop.When he is finished, he delivers the lawnmowers back to his customers.One day he stops at Amy's house to get her lawnmower.As Horace is driving the lawnmower onto his truck, the lawnmower won't stop, its breaks malfunction and Horace slams the lawnmower into the lawnmower of another customer Jerry.Both lawnmowers are damaged badly.Amy did not tell Horace that the breaks did not work on her lawnmower.She knew the lawnmower's breaks did not work properly.Can Amy sue Horace for negligence?What 4 factors would the court apply in the case to determine whether Horace was negligent?What defenses could Horace raise against Amy?
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