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Whirlwind mowers manufacturers and sells power lawnmower still public and distributes the products through its own dealers. Andrew is a homeowner who has purchased a power mower from an authorized dealer on the basis of the dealer's recommendation that the mower is the best one available to the job. Andrew was cutting his lawn when the mower blade flew off and seriously injured his leg.

Required:
a. Andrew sues Whirlwind Mowers and asks for damages based on negligence in producing the power mower. Is Whirlwind Mowers guilty of negligence? Explain your answer.
b. The doctrine of res ipsa loquitur can often be applied to cases of this type. Show how this doctrine can be applied to this case. Your answer must include a definition of res ipsa loquitur .
c. Explain the various types of damages that Andrew might receive if Whirlwind Mowers is found guilty of negligence.

Respuesta :

batolisis

Answer:

A) Yes Whirlwind mowers are guilty

B) If

  1. The negligence causes an injury
  2. event occurred due to the negligence
  3. applicant/defendant has an exclusive ownership of the equipment

C)  Compensative damages : special and general

Explanation:

A)

Andrew can sue whirlwind mowers and claim damages for production negligence ( i.e. not following the standard of care ) as enshrined in the doctrine of " res ipsa loquitur " hence Whirlwind mowers are guilty

B)  

"res ipsa loquitur ."  means the thing speaks for itself and this doctrine can be applied to this case following that the:

  1. The negligence causes an injury
  2. event occurred due to the negligence
  3. applicant/defendant has an exclusive ownership of the equipment

c) The various types of damages

Compensative damages ( divided into 2 )

i) special damages which includes hospital expenses and other properly documented damages  ii) general damages : includes damages that are non-measurable damages

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