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1. Nick brought his old half blue, half green pickup truck to Bob’s professional garage to have the brakes fixed. Nick brought his own parts and requested that Bob install them. Nick had evidently bought the wrong parts because they really didn’t fit, but Bob did the best he could. When Nick came for the truck, Bob said nothing about his problems. Nick got in the truck and noticed that the brakes were not working well, but drove off anyway because he was late for work. (20 points)

a.) If Nick is involved in an accident because of defective brakes, could he successfully sue Bob for negligence? Please be specific. Justify your answer.

b.) If a suit is filed what legal defense(s) can Bob raise? How successful could those defenses be? Explain.

 

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(a.) Bob is an expert and he owed duty to care for Nick. Here, he was aware that the breaks were not the best fit for the car, but anyhow managed to fix it, knowing that it can result in serious damages. Therefore, in the case of accident, the accident will be considered as a foreseeable damage and the causation will be directed 

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