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Question Type

Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A custodian leaves another person's property in an exposed place for an extended period despite an available reasonable safeguard. A third person unexpectedly destroys it. The custodian argues that unpredictability of the attack alone proves every element of fortuity, even though negligent exposure contributed to the loss. Which answer is correct?

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An unexpected attack necessarily eliminates the custodian's fault Only the attacker's wealth matters The court must consider both unforeseeability or inevitability and the custodian's contributing neglect; unexpected timing alone is insufficient The harmed owner must accept the word fortuitous as conclusive

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