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MMLU / A buyer purchased a new convertible from an automobile dealership. A few weeks…

Problem

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question

A buyer purchased a new convertible from an automobile dealership. A few weeks later, the buyer began smelling a pungent gasoline odor in the vehicle. The buyer immediately took the car to the dealership and told the service manager what was wrong. The service manager indicated that he would take care of the problem and contact the buyer when the car was ready. The next day, the buyer was informed that the problem had been corrected and the car was available for pickup. The buyer then went to the dealership, took possession of his car, and drove off. After traveling about five miles, the buyer again smelled gasoline fumes. Irritated that the problem had not been corrected, the buyer decided to drive back to the dealership. As he was doing so, the car suddenly exploded, and the buyer suffered third-degree bums over 90 percent of his body. A subsequent investigation revealed that the explosion was caused by a defective gas tank that had ruptured. This produced a gasoline leak that was ignited by sparks from the car's underbody. A reasonable inspection would have disclosed the defective gas tank. The trouble the buyer had described to the service manager was indicative of such a problem. If the buyer asserts a claim against the manufacturer of the convertible for damages for his injuries, will the buyer prevail?

choices

  1. Yes, if the dealership should have replaced the gas tank.
  2. Yes, because the buyer's injury was caused by the defective gas tank.
  3. No, if the buyer should have realized the gasoline smell presented a hazardous condition and stopped the car before the explosion occurred.
  4. No, unless the gas tank was defective when the car left the manufacturer's plant.

subject

professional_law

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Source and history

task_id
fefe19a9-7436-5b29-894a-3b031630c50f
task_key
all--test--fefe19a9-7436-5b29-894a-3b031630c50f
task_revision_id
1
config / split
all / test

Official source

initial import