Mrs. Sydor took her car to National Automotive to have four new radials put on it. A copy of the order for tires of the appropriate size was sent down to the stock boy in the warehouse and he took down four tires, tied them together and taped the order to them, leaving them standing on the floor of the storage space to be picked up by the shipping person with her forklift. Workmen for the telephone company were digging a hole outside and ruptured a gas main which exploded, destroying the warehouse including the four tires. National Automotive says Mrs. Sydor must pay for them.
a. Identify the legislation which would clarify whether Mrs. Sydor is responsible for paying for the tires.
b. What do you think each party would argue in this case?
c. If the tires had been attached to the wheels of Mrs. Sydor's car, it had been parked beside the service bay, and someone had then slashed the tires, would your answer change and why or why not?
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b. Mrs. Sydor woul...
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