Whether person A can recover from person M.

Question

Martha invites John to come to lunch. Though she knows that her private road is dangerous to travel, having been heavily eroded by recent rains, Martha doesn’t warn John of the condition, reasonably believing that he will notice the deep ruts and exercise sufficient care. While John is driving over, his attention is diverted from the road by the screaming of his child, who has been stung by a bee. He fails to notice the condition of the road, hits a rut, and skids into a tree. If John is not contributorily negligent, is Martha liable to John?

Answer 1

Question

Chapter 14, Problem 1Q

Summary Introduction

To discuss: Whether person A can recover from person M.

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Martha invites John to come to lunch. Though she knows that her private road is dangerous to travel, having been heavily eroded by recent rains, Martha doesn’t warn John of the condition, reasonably believing that he will notice the deep ruts and exercise sufficient care. While John is driving over, his attention is diverted from the road by the screaming of his child, who has been stung by a bee. He fails to notice the condition of the road, hits a rut, and skids into a tree. If John is not contributorily negligent, is Martha liable to John?

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