Jim recently lost his job and is finding it difficult to make the mortgage payments on his house. As a result, Jim decides to sell the home and hires the services of Carol, a real estate licensee. In an effort to make his Burnaby house more attractive, Jim immediately starts to repair the fence which surrounds his yard. Jim is not the most organized handyman and often leaves tools, boards and scrap material around the fence. One night Carol arrives with John and Sarah Middleton, a newly married couple looking for a reasonably priced home. After looking at the house, the Middleton's indicate to Jim that they are very interested in Jim's house and that they would like to return to discuss matters further in the morning when they can see what the house looks like in daylight. As John and Sarah leave the yard and walk down the sidewalk to their car, Sarah steps on a board full of nails and injures herself.

Which of the following is NOT necessary to establish Jim's liability to Sarah in negligence?

1. (1) Jim did not take the care that a reasonable person would have taken in the circumstances.
2. (2) Itisreasonablyforeseeablethatapersonmightstepontheboardfullofnailsandsufferinjury.
3. (3) Sarah's actions represented a reasonable use of the side walk.
4. (4) Jim owed Sarah a duty to take care.