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.

If Employee asserts a claim based on negligence against Retailer, he will probably:

A. Not recover, because REtailer did not owe a duty to Employee.

B. NOt recover, unless Messenger told REtailer that Employee would be using the motorcycle.

C. Recover, because the defect was present when the Motorcycle left Retailer's control.

D. Recover, if it was well known in the motorcycle repair industry that the HDP parts could not be used in a front fork because they cannot support the necessary weight.

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_2

Step: 3

blur-text-image_3

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

Land Law Text Cases And Materials

Authors: Ben McFarlane, Nicholas Hopkins, Sarah Nield

5th Edition

0198868529, 978-0198868521

More Books

Students also viewed these Law questions

Question

5. How can I help others in the network achieve their goals?

Answered: 1 week ago