Question
Rob has placed several expensive clay sculptures of famous contracts and tort cases (a hairy hand, an exploding Coca Cola bottle, a falling scale, a
Rob has placed several expensive clay sculptures of famous contracts and tort cases (a hairy hand, an exploding Coca Cola bottle, a falling scale, a broken steering wheel, etc.) on his front yard, which is adjacent to an unpaved country road that leads to a horse riding stable. While Festus was riding his horse, Skittish, on the dirt road in front of Rob's house, he encountered a rattlesnake sleeping in the middle of the road. The rattlesnake awoke and sounded its rattle loudly as Festus approached. Skittish reared up, leaving Festus no choice but to deliberately steer his frightened horse onto Rob's property, knocking over and causing substantial damage to the expensive clay sculptures of famous torts and contracts cases.
In an action by Rob against Festus to recover damages for the harm to his sculptures, Rob will:
Question options:
A) | prevail, because, although occasioned by necessity, Festus' entry onto Rob's property was for Festus' benefit. |
B) INCORRECT | not prevail, because Festus did not intend to harm Rob's sculptures when he entered Rob's property. |
C) | prevail, for nominal damages only, because Festus' entry onto Rob's property was occasioned by necessity and he was therefore privileged to enter Rob's property with no liability. |
D) | not prevail, because it was not foreseeable that Rob would have such expensive statues in his front yard. |
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