Sand Company operated an installation for distributing sand and gravel. The installation was adjacent to a residential area. On Sand's grounds there was a chute with polished metal sides for loading sand and gravel into trucks. The trucks being loaded stopped on the public street below the chute. After closing hours, a plywood screen was placed in the chute and the ladder used for inspection was removed to another section of the installation. For several months, however, a number of children, eight to ten years of age, had been playing on Sand's property and the adjoining street after closing hours. The children found the ladder and also discovered that they could remove the plywood screen from the chute and slide down to the street below. Sand knew of this activity. One evening, the children were using the chute as a play device. As an automobile driven by Commuter approached the chute, Ladd, an eight-year-old boy, slid down just in front of the automobile. Commuter applied her brakes, but they suddenly failed, and she hit and injured Ladd. Commuter saw the child in time to have avoided hitting him if her brakes had worked properly. Two days previously, Commuter had taken her car to Garage to have her brakes inspected. Garage inspected the brakes and told her that the brakes were in perfect working order. Claims were asserted on behalf of Ladd by his proper legal representative against Sand, Commuter, and Garage."On Ladd's claim against Commuter, Commuter's best defense is that
her conduct was not the cause in fact of the harm. she used reasonable care in the maintenance of her brakes. she could not reasonably foresee Ladd's presence in the street. she did not act willfully and wantonl
Question: Sand Company operated an installation for distributing sand and gravel. The installation was adjacent to a residential area. On Sand's grounds there was a chute with polished metal sides for loading sand and gravel into trucks. The trucks being loaded stopped on the public street below the chute. After closing hours, a plywood screen was placed in the chute and the ladder used for inspection was removed to another section of the installation. For several months, however, a number of children, eight to ten years of age, had been playing on Sand's property and the adjoining street after closing hours. The children found the ladder and also discovered that they could remove the plywood screen from the chute and slide down to the street below. Sand knew of this activity. One evening, the children were using the chute as a play device. As an automobile driven by Commuter approached the chute, Ladd, an eight-year-old boy, slid down just in front of the automobile. Commuter applied her brakes, but they suddenly failed, and she hit and injured Ladd. Commuter saw the child in time to have avoided hitting him if her brakes had worked properly. Two days previously, Commuter had taken her car to Garage to have her brakes inspected. Garage inspected the brakes and told her that the brakes were in perfect working order. Claims were asserted on behalf of Ladd by his proper legal representative against Sand, Commuter, and Garage."On Ladd's claim against Commuter, Commuter's best defense is that
A. her conduct was not the cause in fact of the harm.
B. she used reasonable care in the maintenance of her brakes.
C. she could not reasonably foresee Ladd's presence in the street.
D. she did not act willfully and wantonl
Answer: