1. Following a traffic accident one driver says to
the other, "I don't want to litigate this. I'll pay for the damage
to your car, and I'll pay if you need to see a doctor." If the
second driver later sues the first for negligence, is the first
driver's statement admissible to prove fault?
2. An appliance repairer requires his customers to sign a contract
providing that in any lawsuit brought against him, his lack of
liability insurance will be admissible "without limitation." A
clothes dryer he repairs catches fire and causes extensive damage to
the customer's home. The customer sues the repairer for negligence. May the defendant introduce proof that he carries no liability
insurance?
3. A bicycle company requires all its customers to sign a contract
agreeing that in any lawsuit alleging a product defect, evidence
that the defect was later remedied will be inadmissible for any
purpose, including proof of feasibility. The brakes fail on a
bicycle sold by the company, and the customer is injured. She sues
alleging defective design. At trial the company claims the brakes
could not feasibly have been made more reliable, and the customer
seeks to counter that claim with evidence that, following her
accident, the company changed the design of the brakes in a way that
made them more reliable. Is the evidence admissible?
4. [Separately copyrighted material -- see the casebook.]
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