Ganymede owned the building that shared an alleyway with Total Grocer. Recent modifications to Total Grocer now made it possible for Total Grocer to take in supplies from the alleyway. Ganymede lived in the ground floor unit of the building and complained to Total Grocer about the delivery of meat to Total Grocer, saying that occasional drippings from the meat gave the alleyway an unpleasant odor. No shipment of any other supplies to Total Grocer, via the alleyway, constituted a reason for Ganymede to complain to Total Grocer. Over a weekend, Ganymede had installed chain-link fencing at either end of the alleyway. On one end was a closed gate. When the delivery from the wholesale supplier of meat came and the driver couldn't get into the alley, the driver went into Total Grocer to complain. The store manager on duty at that time, Hsin, went out to the alleyway and pushed the gate open. The driver then started down the alley, carrying a crate of frozen chicken breasts, only to find that Ganymede did put out a kitchen chair and was sitting in it. The driver went by the seated Ganymede and may have brushed Ganymede's arm. The driver returned to the truck, accompanied by Hsin. Getting more supplies from the truck, the driver went down the alleyway. Hsin was standing next to Ganymede, who was still seated. The driver walked by without touching Ganymede, dropped the supplies off, then headed back to the truck. Hsin went into Total Grocer by the alleyway door. If Ganymede sues the driver, and considering the defenses mentioned in this chapter, what chance does the driver have of escaping liability by using any of them? Define the defense and explain why it could help the driver to avoid liability