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103. In a negligence action brought by the homeowner against the company, what will be the company's strongest defense?
The notice had been placed by the homeowner's cousin without the homeowner's knowledge. The cousin bore a grudge against the homeowner and had placed the notice while the homeowner was away and had left the door to the home unlocked.
One of the notices on the site announced that the furnishings in a home at a specified address were free for the taking. Within a few hours of the posting, all the furnishings had been taken.
A company set up a website for the advertisement of goods and services offered by individuals, as well as other public notices.
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B is incorrect. The question asks for the company's strongest defense. If the company had owed a duty to the homeowner, it could argue that the cousin's actions were a proximate cause of the homeowner's loss, thereby negating the element of causation. But a stronger defense is that the company owed no duty to the homeowner.
C is incorrect. The First Amendment limits tort liability in some contexts but does not prohibit all tort actions just because there is a speech component to the defendant's actions.
D is incorrect. The question asks for the company's strongest defense. The question of whether a defendant has acted with reasonable care is a fact-intensive question that a jury resolves, but if a defendant can show that they had no duty, the court need not advance the case to a jury trial to determine whether there was carelessness.