Question: Chiron employed Sherwin as a mechanic. Chiron has various rules that all employed mechanics must follow. One day a customer was injured severely when her
Chiron employed Sherwin as a mechanic. Chiron has various rules that all employed mechanics must follow. One day a customer was injured severely when her car’s brakes failed. It was shown that her car’s brakes failed because Sherwin did not follow one of the specific rules of Chiron.
Which of the following is correct?
a. Sherwin is liable to the customer but Chiron is not because the accident was caused by Sherwin breaking one of Chiron’s specific rules.
b. The customer should sue Sherwin for fraud, not negligence, because Sherwin broke a rule of the employer.
c. The customer can hold Chiron liable but not Sherwin, because her contract to get the car repaired was with Chiron.
d. The customer may choose to recover damages from both Chiron and Sherwin.
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