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Don Starts a Fire That Soon Consumes Paula's Trailer

Question 90

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Don starts a fire that soon consumes Paula's trailer.Don did not know that the trailer was occupied and had no reason to know this,but it was.After rushing into the trailer to save her child,Paula is severely burned.Paula sues Don in negligence.Assuming that Don has breached a duty,what two arguments might he make in defense? Assume that the traditional negligence defenses apply.Will these arguments work here?

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Don can argue: (1)no proximate cause (be...

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