Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Messenger operates a messenger service in Atlanta and has two employees who deliver their messages on motorcycles. Retailer owns a motorcycle sales and repair business,

Messenger operates a messenger service in Atlanta and has two employees who deliver their messages on motorcycles. Retailer owns a motorcycle sales and repair business, selling new and used motorcycles and repairing and rebuilding them. When Messenger approaches Retailer to discuss the purchase of a motorcycle for use in the former's messenger service, Retailer offers to sell a rebuilt bike that was involved in a collision. The collision destroyed the front portion of the motorcycle, which was manufactured by the Yamahashi Corporation Retailer rebuilt the front wheel assembly using parts manufactured by the Harold Davidoff Parts Company (HDP) with a front fork built in his own machine shop.

Three weeks after Messenger purchased the rebuilt motorcycle, Employee was riding it on the freeway while making a delivery. The front fork buckled, causing a spill which severely injured Employee. Messenger's delivery business was reduced in volume by one-third for two weeks until a substitute was found for Employee.

Assume for the purposes of this question only that the accident that injured Employee occurred because the wheel manufactured by the HDP collapsed. If Employee asserts a claim against HDP, he could plausibly advance the following theories of liability:

I. Negligence, based on negligence per se.

II Neglience, relying on res ipsa loquitor.

III. Respondeat superior.

IV Strict Liability

A. I, II, and IV, only.

B. II and IV only

C. I and III only.

D. II and IV only

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

International Business Law And Its Environment

Authors: Richard Schaffer, Filiberto Agusti, Lucien J. Dhooge, Beverley Earle

8th Edition

0538473614, 978-0538473613

More Books

Students also viewed these Law questions

Question

=+c) The change in your pocket by year minted. Section 22.2

Answered: 1 week ago

Question

2. Information that comes most readily to mind (availability).

Answered: 1 week ago

Question

3. An initial value (anchoring).

Answered: 1 week ago

Question

4. Similarity (representativeness).

Answered: 1 week ago