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Source Impracticability Complete Contracts and UCC Article 2 List Showing the closest available flashcard practice.

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A factory used a press with an exposed pinch point. Similar factories in the region also used presses without guards. A metal guard costing $300 would have prevented workers' hands from entering the pinch point, and two trade journals had recently warned that unguarded pinch points on this model were causing injuries. A worker's hand was crushed while clearing a jam.
In the worker's negligence action, how should the court treat the evidence of industry custom?

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The factory cannot be negligent if most similar factories omit the guard. The factory owed no duty because the danger arose from a production process. The industry custom is relevant evidence of reasonable care, but the jury may still find breach if reasonable prudence required the inexpensive guard. The worker must lose because employees assume all risks created by customary machinery.

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