Bar Exam (US) Torts: Franklin Stubbs held title in fee simple to a tract of 20 acres located out...

Question

Franklin Stubbs held title in fee simple to a tract of 20 acres located outside the boundaries of Durham. Thereafter Franklin constructed a shopping center on the property and leased commercial buildings and parking facilities to various tenants. The shopping center, which was located near a public high school, attracted many teenagers who often loitered in the parking lot. The youths frequently harassed shoppers and damaged autos by breaking off windshield wipers and radio antennas.

Customarily, the local police department patrolled the shopping center and drove-by three or four times each day. This, however, did not prevent the teenagers from hanging out at the shopping center. One afternoon Bette was shopping at the center when an unidentified youth damaged her car by throwing a rock through the back window.

Bette brings an action against Stubbs to recover for the damage to her auto. She will most likely

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    prevail, unless the person who was responsible for damaging her car can be identified
  2. B
    Correct Answer
    prevail, if the damage to her car could have been prevented had Stubbs taken reasonable security measures
  3. C
    Correct Answer
    not prevail, because the car was damaged by the malicious acts of an independent third person
  4. D
    Correct Answer
    not prevail, because the local police had the primary duty to provide security protection at the shopping area
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