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Law, 05.09.2019 21:30 kkpowell

Ahomeowner hired a contractor to remodel her kitchen. she had learned of him through a classified advertisement he placed in the local newspaper. during the telephone conversation in which she hired him, he stated he was experienced and qualified to do all necessary work. because of his low charge for his work, they agreed in writing that on acceptance of his job by the homeowner, he would have no further liability to her or to anyone else for any defects in materials or workmanship, and that she would bear all such costs. the homeowner purchased a dishwasher manufactured by a large company from a dealer, who was in the retail electrical appliance business. the washer was sold by the dealer with only the manufacturer's warranty and with no warranty by the dealer; the manufacturing company restricted its warranty to ninety days on parts and labor. the contractor installed the dishwasher. two months after the homeowner accepted the entire job, she was conversing in her home with an accountant, an acquaintance who had agreed to prepare her income tax return gratuitously. as they talked, they noticed that the dishwasher was operating strangely, repeatedly stopping and starting. at the homeowner's request, the accountant gave it a cursory examination and, while inspecting it, received a violent electrical shock which did him extensive harm. the dishwasher had an internal wiring defect which allowed electrical current to be carried into the framework and caused the machine to malfunction. the machine had not been adequately grounded by the contractor during installation; if it had been, the current would have been led harmlessly away. the machine carried instructions for correct grounding, which the contractor had not followed. if the accountant asserts a claim based on strict liability against the manufacturing company for damages, the probable result is that the accountant willa. recover, because the dishwasher was defectively made. b. recover, because the company that manufactured the dishwasher is vicariously liable for the improper installation. c. not recover, because he assumed the risk by inspecting the machine. d. not recover, because he was not the purchaser.

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