Smith and Roberson’s Business Law
Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 11, Problem 7Q
Summary Introduction

To discuss: Whether person P will be successful.

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Petty rented an apartment in a building owned by Clark. Jason was coming to visit Petty. Jason slipped and fell down the outside steps, which had not been cleared of ice and snow. Who is liable for Jason’s injuries?
Joseph Eugene Dodson, age sixteen, purchased a used pickup truck from Burns and Mary Shrader. The Shraders owned and operated Shrader’s Auto Sales. Dodson paid $14,900 in cash for the truck. At the time of sale, the Shraders did not question Dodson’s age, but thought he was eighteen or nineteen. Dodson made no misrepresentation concerning his age. Nine months after the date of purchase, the truck began to develop mechanical problems. A mechanic diagnosed the problem as a burnt valve but could not be certain. Dodson, who could not afford the repairs, continued to drive the truck until one month later, when the engine “blew up.” Dodson parked the vehicle in the front yard of his parents’ home and contacted the Shraders to rescind the purchase of the truck and to request a full refund. a. What arguments would support Dodson’s termination of the contract? b. What arguments would support Shrader’s position that the contract is not voidable? c. Which side should prevail? Explain.
Michael, a minor, operates a one-man automobile repair shop. Anderson, having heard of Michael’s good work on other cars, takes her car to Michael’s shop for a thorough engine overhaul. Michael, while overhauling Anderson’s engine, carelessly fits an unsuitable piston ring on one of the pistons, with the result that Anderson’s engine is seriously damaged. Michael offers to return the sum that Anderson paid him for his work, but refusesto pay for the damage. Can Anderson recover from Michael in tort for the damage to her engine? Why or why not?
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