Question
Pete, an MBA student was studying with his friend at the Nook Coffee Shop. Pete had to use the restroom and asked his classmate Dave
Pete, an MBA student was studying with his friend at the Nook Coffee Shop. Pete had to use the restroom and asked his classmate Dave who he was studying with if he would watch his laptop computer while he used the restroom. Dave agreed.
Soon after Pete left to use the restroom, Dave also left the laptop computer unattended so that he could refill his cup of coffee.
Pete and Dave both returned to the table approximately five minutes later to find that the laptop was missing. It was later discovered through the Nook security cameras that the laptop had been stolen.
If Pete sues Dave for negligence, will he prevail?
A. | Yes, because Dave knew that Pete was relying on him to watch the laptop computer. | |
B. | No, because Daves breach of duty was not the proximate cause of the harm suffered. | |
C. | Yes, but only if the student tries to recover from the thief first. | |
D. | No, because Dave had no duty to watch the laptop computer. |
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