Patrick, who\'s Larry\'s principal, gives Larry a defective power washer to use
ID: 367732 • Letter: P
Question
Patrick, who's Larry's principal, gives Larry a defective power washer to use on Patrick's deck. Just by looking at the power washer, Larry could tell that it was not in working order. But Larry uses it anyway, injuring Patrick's neighbor, Jessica. Jessica sues Larry and Patrick. Will she win, and against Who? Why, or why not?
She will lose under tort liability of the agent, but will win against both Larry and Patrick for misrepresentation.
She will win only against Patrick because he gave Larry a defective tool or instrumentality.
She will not win against either Patrick or Larry because Jessica's injury was not foreseeable.
She will win against Larry and Patrick because both were aware that the tool was defective.
She will win against Patrick because he gave Larry a defective tool or instrumentality, and against Larry because Larry had reason to know of the defect.
Randy, a realtor, instructs one of his associates to tell potential buyers that a home has the newest and most efficient insulation on the market. The home does not and Randy knows that. If a buyer buys the house and later brings suit against Randy, the suit will likely ______ under the doctrine of ____________. Assume that the agreement included an exculpatory clause that attempts to immunize Randy from any liability for statements inconsistent with the contract.
fail; misrepresentation
succeed; respondeat superior
succeed; misrepresentation
fail; direct liability
succeed; direct liability
Explanation / Answer
1) She will win against Patrick because he gave Larry a defective tool or instrumentality, and against Larry because Larry had reason to know of the defect.