Pygmalion saw a youth stealing petrol from the tank at his country service station.As the youth was running to his getaway car Pygmalion fired at the car's tyres.One shot went high and hit Ms Machete who was lying on the back seat.She has sued Pygmalion for negligence.Which of the following statements best sums up her legal position under common law?
A) She will probably succeed.Pygmalion breached his duty of care by not checking the car was empty or firing high in the air.But her damages will be reduced because of her contributory negligence.
B) She will probably succeed.Pygmalion breached his duty of care by not checking the car was empty or firing high in the air.
C) She will probably not succeed.Pygmalion was exercising his constitutional right to defend his property with constitutional force.
D) She will probably not succeed.Occupiers of property owe a lesser duty of care to trespassers and Pygmalion satisfied a reasonable standard of care in the circumstances
Correct Answer:
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