Unintentional Tort (Negligence) and other Torts

True/False

1. A manufacturer is only liable to a consumer who purchased its product.

2. If a car is given to a driver by consent, the owner is jointly responsible for the negligence of the driver in driving the car even if the owner is completely innocent.

3. If a defect in an object is obvious, a plaintiff who is injured may be confronted with the defence of contributory negligence.

Short answer/Case Analysis

1. Distinguish between misfeasance and nonfeasance and explain why one is not actionable in court?

2. Does the standard of care in negligence vary or diminish with age? Explain clearly your answer.

3. Mary was driving down the road when Sam came out from a side road, went through a stop sign, and struck the side of her car. Upon later examination of Mary's car, it was determined that the brakes were worn down beyond the point of safety. Sam sued her for negligence. Applying the relevant principles of law, explain the likely result.

4. Martin, a concert pianist, was walking down the street when he was struck by Jeffrey, a careless skateboarder. Martin was knocked down and crushed his hand. When Martin sued Jeffrey for his negligence, claiming the loss of income from his profession (he could never play the piano again), Jeffrey countered with the defence that there was no way he could have anticipated that the person he was going to hit was a concert pianist.

Applying the most relevant principle of law, explain his likelihood of success in raising this defence.