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MMLU / A bicycle company manufactured a bicycle that it sold to a retail bicycle…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A bicycle company manufactured a bicycle that it sold to a retail bicycle dealer, which in turn sold it to a purchaser. Shortly thereafter, while the purchaser was riding the bicycle along a city street, he saw a traffic light facing him turn from green to amber. He sped up, hoping to cross the intersection before the light turned red. However, the purchaser quickly realized that he could not do so and applied the brakes, which failed. To avoid the traffic that was then crossing in front of him, the purchaser turned sharply to his right and onto the sidewalk, where he struck a pedestrian. Both the pedestrian and the purchaser suffered injuries. The pedestrian asserted a claim based on negligence against the bicycle company. At trial, it was found that the brake failure resulted from a manufacturing defect in the bicycle, and that the bicycle company failed to conduct a reasonable inspection that would have led to the discovery of the existence of the defect. Will the pedestrian prevail?

choices

  1. Yes, because the bicycle company placed a defective bicycle into the stream of commerce.
  2. Yes, because the defect could have been discovered through the exercise of reasonable care by the bicycle company.
  3. No, because the pedestrian was not a purchaser of the bicycle.
  4. No, because the purchaser was negligent in turning onto the sidewalk.

subject

professional_law

Discussion

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Source and history

task_id
99299197-2f72-5f7e-a29f-161aea6b627b
task_key
all--test--99299197-2f72-5f7e-a29f-161aea6b627b
task_revision_id
1
config / split
all / test

Official source

initial import