Asked by Murtadha Abdulridha on Jun 25, 2024

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Ann planned to hike into the woods.On the way,one of the tires on her new car failed.Her vehicle was rendered inoperable.The road was deserted.Rick,a co-hiker,was passing on the way.He abducted her and sexually assaulted her.Ann wants to sue the car company for negligence.Will she succeed?

A) No,because she had voluntarily assumed the risk while passing through the deserted road.
B) No,because Rick's sexual assault is an unforeseeable intervening cause.
C) Yes,because the company has breached its duty.
D) Yes,because the tire's failure only resulted in her injury.

Unforeseeable Intervening

Events or circumstances that occur after the defendant's act that could not have been predicted and which change the outcome of that act.

Negligence

A failure to exercise the care that a reasonably prudent person would exercise in similar circumstances, often leading to harm or damage.

Tire Failure

The breakdown or malfunction of tire components, leading to loss of air pressure, blowouts, or tread separation, potentially causing vehicular accidents.

  • Determine the necessary components to prove a negligence lawsuit.
  • Examine the impact of foreseeability and the reasonable person standard in the assessment of negligence.
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Verified Answer

JB
Jolie BaynesJun 25, 2024
Final Answer :
B
Explanation :
Most courts hold that an unforeseeable event that is an intervening cause absolves the defendant of liability for harms that resulted directly from the intervening cause.