Question

Ann had gone hiking into the woods. On the way, one of the tires of her new car failed. Her vehicle was rendered inoperable. The road was deserted. Rick, a co-hiker was passing on the way. He abducted her and sexually assaulted her. Ann wants to sue the car company for negligence. Will she succeed?

A. No, because she had voluntarily assumed the risk while passing through the deserted road.

B. No, because Rick's sexual assault is an unforeseeable intervening cause.

C. Yes, because the company has breached its duty.

D. Yes, because the tire's failure only resulted in her injury.

Answer

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