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Jimmy had a chestnut tree on his property. One night, Jimmy s neighbor, Tracey, who had been drinking, drove her car into the tree. A
Jimmy had a chestnut tree on his property. One night, Jimmys neighbor, Tracey, who had been drinking, drove her car into the tree. A police officer investigating the incident told Jimmy that he needed to pound stakes into the ground to support the tree or the tree would topple over as a result of being hit by Tracey. Jimmy pounded in the stakes, but the physical strain of doing that gave him a terrible back injury.
Is Tracey liable for Jimmys back injury?
a No because the cause of Jimmy's injury was the police officer's directive to pound in the stakes.
b No because Jimmy's injury was not a foreseeable result of Tracey's negligence.
c Yes, because Jimmy would not have been pounding in the stakes if it hadn't been for Tracey's negligence.
d Yes, because Jimmy was trying to prevent further harm from Tracey's negligence.
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