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Question
An urban river ferry operator, a common carrier, runs a route from Port Aurora to Port Marina. Mid-journey, the vessel experiences a sudden engine failure traced to a propulsion pump installed by a contractor. The operator had previously received warnings from its maintenance staff that the pump should be replaced but postponed due to budget constraints. A passenger is injured when the vessel makes an abrupt stop and is thrown against a bulkhead. The operator contends it is not liable because the defect stemmed from a third-party component and was beyond the operator's control. (a) Identify the doctrine governing the carrier's duty toward passengers and the standard of care. (b) State who bears the burden of proof and what defenses are available to the carrier. (c) Apply to the facts: is the operator liable for damages? Explain briefly.