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:
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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:
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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:
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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.
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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.
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