Remy invited his friend, Fabiola, to ride on his handlebars as he cycled down a large hill.Fabiola initially refused because neither she nor Remy had ever tried that stunt before.Remy, however, was persistent.He told her that he had seen plenty of people riding on handlebars and he said that it did not look particularly difficult.Fabiola finally agreed.Halfway down the hill, the pair crashed and Fabiola suffered significant injuries.She has sued Remy for negligence.On what basis is Remy most likely to avoid or reduce his potential liability?
A) Fabiola committed contributory negligence when she placed herself in a dangerous situation.
B) Fabiola committed an illegal act because there is a law that prohibits riding on a bike's handlebars.
C) Fabiola voluntarily assumed the risk because she freely chose to sit on Remy's handlebars despite knowing that he had no experience with that stunt.
D) Fabiola was not owed a duty of care because Remy did not foresee the accident that occurred.
E) Fabiola's decision to sit on the handlebars constituted an intervening act between Remy's original invitation and the accident.
Correct Answer:
Verified
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