Bar Exam (US) Torts: [IMAGE] Andrews owned parcel 1; Baglio owned parcel 2; and Cary owned parce...

Question

Andrews owned parcel 1; Baglio owned parcel 2; and Cary owned parcel 3. Each owner and his family lived on the property units in singlefamily dwellings. One afternoon Baglio and his thirteen-year-old son, Sal, were raking leaves in their front yard. After raking the leaves into a large pile, Sal and his father scooped the leaves into two large metal containers. Before burning the leaves, Baglio telephoned the local weather bureau to determine which direction the wind would be blowing. Since a highway was located on the southern edge of Baglio's property, he was aware that it wouId be unsafe to burn the leaves if the wind were blowing in that direction. The weather bureau, however, indicated that the wind would be gusting in a northerly direction. As a result, Baglio told Sal that it would be safe to burn the leaves.

After Baglio set the leaves on fire, the wind current unexpectantly shifted and started gusting in a southerly direction. As a consequence, the smoke and ashes blew over the highway resulting in poor visibility. After starting the fire, Baglio and his son went inside to watch the Army and Navy football game. Moments later, Sprinks was driving his automobile in a westerly direction. The posted speed limit was 45 miles per hour, although Sprinks was traveling about 55 mph. Because of the smoke, Sprinks could not see the highway clearly and crashed his vehicle into a medial strip.

Shortly thereafter, a wind gust blew some burning leaves onto Andrews' property causing a small fire amid some brush. Andrews quickly extinguished the fire and telephoned Baglio telling him what had occurred. Baglio immediately ran outside and doused the smoldering leaves with water. The dousing caused giant billows of smoke to pass over Cary's property, which caused his home to become discolored. This jurisdiction follows the common law principles of contributory negligence and assumption of risk.

If Sprinks asserts a claim against Baglio, Baglio's best defense is that

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

  1. A
    Correct Answer
    the weather bureau assured him that the wind would be blowing in a northerly direction
  2. B
    Correct Answer
    he used reasonable care by burning the leaves in metal cans
  3. C
    Correct Answer
    Sprinks was driving in excess of the speed limit
  4. D
    Correct Answer
    Sprinks was contributorily negligent under the circumstances
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