Marvin asks Sheila, a qualified auto mechanic, to fix his engine, which constantly stalls (stops) while driving.

Question:

Marvin asks Sheila, a qualified auto mechanic, to fix his engine, which constantly stalls (stops) while driving. When Marvin returns, Sheila informs him that the engine is now

“perfect—runs like a top.” Marvin drives home along Lonesome Highway. Suddenly the car stalls. Sheila has not fixed it. Marvin pulls over and begins the long walk to the nearest telephone.

A blimp flies overhead, advertising “Top”

brand tires. Tragically, the blimp suddenly plummets to earth and explodes 20 feet from Marvin, seriously injuring him. Marvin sues Sheila.

Sheila’s best defense is that:

a. The falling blimp is so bizarre that Sheila could never have foreseen it.

b. Sheila made reasonable efforts to fix the engine.

c. Marvin should have checked the engine himself.

d. Marvin should have carried a cell phone with him in case of emergencies.

e. Sheila is a qualified mechanic and her work is presumptively sufficient.

The correct answer is “a.” Notice that the same facts could be used as an essay question, simply by deleting the multiple-choice answers.

Now it is your turn for Role Reversal: Draft a multiple-choice question focusing on legal realism.

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Legal Environment

ISBN: 9780324537116

3rd Edition

Authors: Jeffrey F Beatty, Susan S Samuelson

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