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SAMPLE TORTS - QUESTION 1 -- "Art & Bildco"

Fred purchased a new house in a winter resort area from Bildco, the builder-developer of the resort. Heavy snowfalls were not unusual for the area. During the first winter following completion of the house, after a heavy but not unusual snowfall, a portion of the roof collapsed from the weight of the snow. Pete, a friend of Fred, was using the house for the weekend and was injured.

The plans and specifications which had been used in building the house had previously been prepared by Art, an independent architect, for one of Bildco's developments in the southern part of the state where it never snowed. Art was not consulted prior to use of the plans and specifications in the winter resort area, as Bildco was free to use the plans anywhere. Art knew that Bildco had developments all over the state.

1. What are Pete's rights, if any, against Art? Discuss.
2. What are Pete's rights, if any, against Bildco? Discuss.
3. What are Pete's rights, if any, against Fred? Discuss.

 

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