Question
April owns a 1969 VW van which has frequently been popping out of gear.April plans to have the van repaired the next time she gets
April owns a 1969 VW van which has frequently been popping out of gear.April plans to have the van repaired the next time she gets paid.While late for work one day, she parks the van on a steep hill and forgets to put on the parking brake.Later the van pops out of gear and rolls down the hill into an power pole.The pole falls and sparks from the broken electrical line ignite a grass fire.The fire spreads a short distance to a shed that Robert uses to store fireworks.The fireworks shed explodes and a piece of the roof strike and injure a passing motorist, John.John sues April for negligence and requests $25,000 in damages.
4. List and apply each of the four element of a suit for negligence to the facts to determine if John can recover from April.
5. Are there any defenses that April could assert which might relieve her of liability for John's injury? Explain your answer.
6.Under what tort might John sue Robert, the owner of the fireworks shed? Explain your answer.
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