See If You Can Answer This MBE Question!

A fisherman bought a new boat from a dealer. The first time he took the boat out, the boat started making a strange noise. Concerned, the fisherman turned around and took the boat back to shore where he brought it to a boat repair shop that  specialized  in  the  types  of  boat the fisherman bought. Because the repair shop  was  very  busy,  the  mechanic  made  a  quick  inspection,  and  found  nothing  wrong.  The next day, the fisherman took the boat out again and this time the noise was worse. When the fisherman turned the boat around, he was unable to control its speed  and  the  boat  crashed  into  the  dock. The fisherman was injured as a result. It turned out that there was a defect in the engine that an inspection should have revealed and that the repair shop could have fixed.

 

In a suit for damages against the repair shop, will the fisherman prevail?

 

(A) No, because the engine was defective when the boat was sold to the fisherman.

 

(B) No, because the boat had already been used for several hours.

 

(C) Yes, because the repair shop was negligent in inspecting the boat.

 

(D) Yes, because the repair shop is strictly liable for failing to adequately inspect the boat.

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