As you know, the correct answer is “c.” The next question demands that the student spot the issue of law involved (foreseeability) and correctly apply it to the facts provided. Question: Marvin asks...



As you know, the correct answer is “c.” The next question demands that the student spot the issue of law involved (foreseeability) and correctly apply it to the facts provided. Question: Marvin asks Sheila, a qualified auto mechanic, to fix his engine, which constantly stalls (stops) while driving. When Marvin returns, Sheila informs him that the engine is now “perfect—runs like a top.” Marvin drives home along Lonesome Highway. Suddenly the car stalls. Sheila has not fixed it. Marvin pulls over and begins the long walk to the nearest telephone. A blimp flies overhead, advertising “Top” brand tires. Tragically, the blimp suddenly plummets to earth and explodes 20 feet from Marvin, seriously injuring him. Marvin sues Sheila. Sheila’s best defense is that:


a. The falling blimp is so bizarre that Sheila could never have foreseen it.



b. Sheila made reasonable efforts to fix the engine.



c. Marvin should have checked the engine himself.


d. Marvin should have carried a cell phone with him in case of emergencies.


e. Sheila is a qualified mechanic and her work is presumptively sufficient.



Nov 29, 2021
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