Actions of Third Persons 1 Self-Quiz 2

 

 

 

 

 

 

 

Picasso is the owner and president of Picasso House Painters, Inc. Picasso’s crew, Henri, Claude and Bob, are hired to paint Michelangelo’s house. All three members of the crew are independent contractors who have individual agreements with Picasso. Michelangelo is very wealthy and his house is full of very expensive gadgets and toys. One of Michelangelo’s custom made Harley-Davidson motorcycles catches Claude’s eye and, one day during lunch, he hops on the bike and begins to ride around Michelangelo’s house on it. Claude loses control and crashes the motorcycle into a large statue in the middle of Michelangelo’s living room. The statute falls over and shatters. If Michelangelo sues Picasso for the statue, Michelangelo will probably:
Choice 1 Win, because Picasso hired Claude
Choice 2 Lose, because Claude is an independent contractor
Choice 3 Lose, because Picasso was not there when Claude broke the statue
Choice 4 Win, because Claude works for Picasso
Gordon is the proud owner of a brand new Chevrolet. After a few months of driving the car, Gordon notices that the car’s brakes are beginning to fail. Gordon takes his car to Waltrip’s Garage and Auto body shop to have the breaks repaired. Waltrip’s head mechanic, Michael, fixes the brakes but he does so negligently. After picking up his car, Gordon decides to take his car for a cruise. While slowing down for a red light, the car’s brakes fail and Gordon runs the light. Gordon’s car crashes into Wallace’s car, seriously injuring Wallace. If Gordon argues that Michael is responsible for the accident because he negligently fixed the brakes, Gordon will probably:
Choice 1 Win, because Michael was negligent
Choice 2 Win, because Gordon did everything he could to make his car safe
Choice 3 Lose, because Gordon was driving the car at the time of the accident
Choice 4 Lose, because having the brakes fixed was a non-delegable duty
Jeff is the owner and general manager of the Seaside shopping mall. One day, Jeff notices a loose railing on one of the staircases. He hires Brian, an independent contractor, to fix the railing, but Brian does so negligently. Later in the week, Samantha and Sheri are walking up the staircase when Sheri leans up against the railing. The railing gives away and Sheri falls and is injured. If Sheri sues Jeff and Jeff argues that Brian is responsible for the accident because Brian negligently fixed the railing, Jeffrey will probably:
Choice 1 Win, because Brian was negligent
Choice 2 Win, because Jeffrey did everything he could to make the railing safe
Choice 3 Lose, because Jeff hired Brian
Choice 4 Lose, because having the railing fixed was a non-delegable duty
ACME Construction Company needs to remove a rock formation in order to make way for a road that it is building. ACME hires Wiley, an explosives expert, to remove the rock formation. When Wiley detonates his blasting caps, rock shards fly through the air and hit Bugs in the head injuring him severely. In a suit to recover for the damages he suffered, Bugs will be able to recover against Wiley but not against ACME.
True
False
ACME Construction Company needs to remove a rock formation in order to make way for a road that it is building. ACME hires Wiley, an explosives expert, to remove the rock formation. As part of the agreement, Wiley agrees to assume all risks in connection with the blasting activity that he is going to be performing. When Wiley detonates his blasting caps, rock shards fly through the air and hit Bugs in the head injuring him severely. In a suit to recover for the damages he suffered, Bugs will be able to recover against Wiley but not against ACME.
True
False

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