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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. As Nick left his car to Bob’s garage, he formed a bailment relationship with Bob by leaving personal property with him for a limited period of time. Here, Bob had a legal duty to make repairs in a skillful, careful, and workmanlike manner.  He must have the ordinary skills 

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