Fred Lyon of New York, while on vacation in California, rented a new model Home Run automobile from Hart’s Drive-A-Car.
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Fred Lyon of New York, while on vacation in California, rented a new model Home Run automobile from Hart’s Drive-A-Car. The car was manufactured by the Dumars Motor Company and was purchased by Hart’s from Jammer, Inc., an automobile importer. Lyon was driving the car on a street in San Jose when, due to a defect in the steering mechanism, it suddenly became impossible to steer. The speed of the car at the time was thirty miles per hour, but before Lyon could bring it to a stop, the car jumped a low curb and struck Peter Wolf, who was standing on the sidewalk, breaking both of his legs and causing other injuries. What rights does Wolf have against (a) Hart’s Drive-A-Car? Fred Lyon of New York, while on vacation in California, rented a new model Home Run automobile from Hart’s Drive-A-Car. The car was manufactured by the Dumars Motor Company and was purchased by Hart’s from Jammer, Inc., an automobile importer. Lyon was driving the car on a street in San Jose when, due to a defect in the steering mechanism, it suddenly became impossible to steer. The speed of the car at the time was thirty miles per hour, but before Lyon could bring it to a stop, the car jumped a low curb and struck Peter Wolf, who was standing on the sidewalk, breaking both of his legs and causing other injuries. What rights does Wolf have against (b) Dumars Motor Company? Fred Lyon of New York, while on vacation in California, rented a new model Home Run automobile from Hart’s Drive-A-Car. The car was manufactured by the Dumars Motor Company and was purchased by Hart’s from Jammer, Inc., an automobile importer. Lyon was driving the car on a street in San Jose when, due to a defect in the steering mechanism, it suddenly became impossible to steer. The speed of the car at the time was thirty miles per hour, but before Lyon could bring it to a stop, the car jumped a low curb and struck Peter Wolf, who was standing on the sidewalk, breaking both of his legs and causing other injuries. What rights does Wolf have against (c) Jammer? Fred Lyon of New York, while on vacation in California, rented a new model Home Run automobile from Hart’s Drive-A-Car. The car was manufactured by the Dumars Motor Company and was purchased by Hart’s from Jammer, Inc., an automobile importer. Lyon was driving the car on a street in San Jose when, due to a defect in the steering mechanism, it suddenly became impossible to steer. The speed of the car at the time was thirty miles per hour, but before Lyon could bring it to a stop, the car jumped a low curb and struck Peter Wolf, who was standing on the sidewalk, breaking both of his legs and causing other injuries. What rights does Wolf have against (d) Lyon? |
Explanation
Section 402A of the restatement law provides the rights to the customer to get the implied warranty conditions fulfilled by the lessors and bailors of the goods. In this case,Company H has rented the automobile, so Individual W also has strict liability intorts.
Verified Answer
Individual W can sue Company H for not filling the implied warranty conditions of merchandising the product under the provisions of Section 402A of restatement, second intorts.
Explanation
The manufacturer of the automobile,Company A. has a strict liability intort under the provisions of Section 402A to provide safety and protection to the customer. in case of a defective product. The customer has no requirement to prove the point under the law because strict liability analyzes the condition of the product in providing the rights to the customer.
Verified Answer
Individual W is going to demand protection against defective goods under the strict liability in tort clause from Company A by virtue of Section 402A of the restatement, second intorts.
Explanation
The importers, exporters, retailers, and wholesalers all have equal liability under the provisions of the restatement law to provide protection to the customer. Company J has imported the automobile that has caused injuries to Individual W. This represents a case of breach of the implied warranty of the product.
Verified Answer
Individual W can sue Company J for not filling the implied warranty conditions of importing the product under the provisions of Section 402A of the restatement, second intorts,which entitled Individual W to strict liability intorts.
Explanation
As in the Strict Liability in Torts, the seller and under the Implied Warranty, the reseller and renter will be liable for violation on the terms of the bailor and renter of the goods where the goods are faulty. The seller is not directly responsible for the individual W. The steering of the car is faulty in this situation.
Verified Answer
Individual W cannot sue Individual L for personal damages and protection because the automobile is clearly stated as defective in the case.It does not reflect any fault on Individual L’s behalf. However, Individual W can sue the remaining parties.
