Gardner's backyard, which is landscaped with expensive flowers and shrubs, is adjacent to a golf course. While Driver was playing golf on the course, a thunderstorm suddenly came up. As Driver was returning to the clubhouse in his golf cart, lightning struck a tree on the course, and the tree began to fall in Driver's direction. In order to avoid being hit by the tree, Driver deliberately steered his cart onto Gardner's property, causing substantial damage to Gardner's expensive plantings. damage to Gardner's expensive plantings. In an action by Gardner against Driver to recover damages for the harm to his plantings, Gardner will 
prevail, because, although occasioned by necessity, Driver's entry onto Gardner's property was for Driver's benefit.  prevail, for nominal damages only, because Driver was privileged to enter Gardner's property.  not prevail, because the lightning was an act of God.  not prevail, because Driver's entry onto Gardner's property was occasioned by necessity and therefore privileged. 
Question: Gardner's backyard, which is landscaped with expensive flowers and shrubs, is adjacent to a golf course. While Driver was playing golf on the course, a thunderstorm suddenly came up. As Driver was returning to the clubhouse in his golf cart, lightning struck a tree on the course, and the tree began to fall in Driver's direction. In order to avoid being hit by the tree, Driver deliberately steered his cart onto Gardner's property, causing substantial damage to Gardner's expensive plantings. damage to Gardner's expensive plantings. In an action by Gardner against Driver to recover damages for the harm to his plantings, Gardner will 
A. prevail, because, although occasioned by necessity, Driver's entry onto Gardner's property was for Driver's benefit. 
B. prevail, for nominal damages only, because Driver was privileged to enter Gardner's property. 
C. not prevail, because the lightning was an act of God. 
D. not prevail, because Driver's entry onto Gardner's property was occasioned by necessity and therefore privileged. 
Answer: