Bar Exam (US) Torts: Lee owns and operates a drug store. In 1997 he modernized his store and, am...

Question

Lee owns and operates a drug store. In 1997 he modernized his store and, among other things, installed a new front door. The door was made entirely of transparent glass framed by a very narrow metal strip. The handle is a flat, 3 inch by 4 inch pedal, which one pushes by hand to enter the store and which is mounted below chest height, on a small metal device set in the glass next to the latch. There are no signs, markings, or warnings on the glass itself.

Ariste, the architect in charge of the modernization, specified that the door be constructed of tempered glass. However, before beginning the construction, Lee talked to Glass, the president of Glass Service Company, a manufacturer and supplier of all types of glass, who told Lee that one-half inch thick plate glass is half the price of tempered glass and that the great majority of residential and small business establishments use plate glass for such doors. Furthermore, Mr. Glass told Lee that plate glass was "super safe" and could withstand considerable pressure.

Thereafter, Lee instructed Ariste to install the front door using plate glass rather than tempered glass. Ariste agreed but warned Lee that tempered glass is five times stronger than plate glass; is more difficult to scratch; can withstand a blow from a hammer; and even breaks into pieces with rounded edges rather than the sharp and jagged edges of broken glass.

Nonetheless, Ariste followed Lee's instructions and purchased the plate glass from Glass Service Company. Ariste then went ahead and hired Culver, an independent contractor, who renovated Lee's Drug Store and installed the new front door. The renovation work was completed in October and the store re-opened for business later that same month.

In January, Mrs. Shopper and her nine-year-old son, Victor, went to Lee's Drug Store to purchase some merchandise. As they approached the store, Victor was skipping ahead of his mother. Until he was within a few steps of the door he thought it was open; when he realized it was in fact closed, he slowed down and, while still "going faster than walking," pushed his hand against the pedal-handle to push open the door. His hand slipped off the pedal and at the same time there was a "kind of exploding noise." The plate glass shattered and broke, cutting Victor's hand and wrist.

If Mrs. Shopper, on behalf of her son, asserts a claim against Culver based on strict liability in tort, the plaintiff will

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    prevail, if the plate glass was defective when installed
  2. B
    Correct Answer
    prevail, unless Victor was negligent when he pushed open the door and his negligence caused the glass to explode
  3. C
    Correct Answer
    not prevail, because Culver was not engaged in the sale of the plate glass
  4. D
    Correct Answer
    not prevail, because Culver had no relationship of privity with the plaintiff(s)
0 users answered this question.

Explanation

Try a similar question!
Practice One More

Sorry

Don't know? See answer. Members onlySign up for free to see the answer! Don't know? See answer.
This question does not have an explanation yet.
Or practice a similar question Practice 1 More Question
Try a similar question!
Published on by Kaplan Test Prep
Premium
Favorite

Assign this pod Create New Group You don't have any group to choose from yet. Create your first one!

This pod belongs to a paid product. Group members who receive this pod as an assignment will be asked to purchase the product.
You don't have any group to choose from yet. Create your first one!
1 0 1 Choose a group or create a new one.
1 Name this group.
/ chars.
0 1 2 2 Add your students' emails.

Invite students by entering their email addresses below or distributing the 6-digit alphanumeric Group Code shown after the group is created.

You can enter multiple email addresses separated by commas or new lines.
You can enter multiple email addresses separated by commas or new lines.

The email address belongs to you. You cannot add yourself as a group member. You can preview the assignment email by clicking on the "Send Test Email to Yourself" button below.

Assignment will be sent to

  • x
0 2 3 Name this group.
/ chars.

The email address belongs to you. You cannot add yourself as a group member. You can preview the assignment email by clicking on the "Send Test Email to Yourself" button below.

This group does not have any members. Add new members.

Assignment will be sent to will be added to your group.

  • x
  • x

not joined this group yet.

2 3 4 Preview and assign. A test email has been sent to you. Please check your inbox.
This assignment will be emailed to your students once they join the group via their group invites.
You already assigned this pod to this group.
2 3 4 Preview and assign. A test email has been sent to you. Please check your inbox.
This assignment will be emailed to your students once they join the group via their group invites.
You already assigned this pod to this group.

You have assigned this pod to successfully!

Using their dashboards,students can also enter the Group Code to join this group. This Code expires on .

To receive each student's results by email, please instruct your students to click on "End Practice" once they have completed the pod.

You have created new group

Using their dashboards,students can also enter the Group Code to join this group. This Code expires on .

Share
Add to Draft Pod
You can only add questions to pods that have not been published yet. Add to a new draft pod.
Create New Draft Pod

Title*

Description

Sorry

There was an error creating this pod. Please try again later.

Resend Pending Invites

Pending invites can be resent once per day.

You are resending an invites to students:

    Invites Resent

    You have reinvited students successfully!

    Resend Pending Invites

    Sorry, something went wrong. Try again later, or contact us at info@learningpod.com

    Do you really want to retake this pod?

    This will delete your current answer choices and practice results. If you received this pod as an assignment, your teacher will be notified of the retake.