The fоllоwing fаcts will be used in questiоns 7-9. Donаld owns аnd maintains an athletic filed where the local little league baseball teams and the little tiger football teams play their games. The athletic field abuts on one side a private road leading to a number of houses, including the house of Paula. It is the usual custom of homeowners along that road to charge those coming to the games to park cars along the road. The homeowners on the private road also rent out areas where those parking along the road can place chairs to view the games from. Before the Saturday afternoon football game on November 1, Donald, in order to prevent the custom of the homeowners along the private road from depriving him of his admission fees, placed removable spiked barriers across the driveway leading to the homes and did not remove them after the game. That evening, Elmo removed the barriers from the driveway and carefully placed them alongside the sidewalk. Elmo obviously took this action in order to make it possible for him to use the driveway as a means of reaching Paula’s house. Thereafter, Bert, who was lawfully using the sidewalk along the road, accidentally tripped over one of the barriers in the dark. Bert fell to the ground and landed on another one of the spiked barriers that caused him injury. Donald’s action in placing and failing to remove the spiked barriers from across the driveway may be best described as:
The fоllоwing fаcts will be used in questiоns 27-29. On Mаrch 29, 1990, Pаmela underwent abdominal surgery at Hospital. The surgery was performed by Doctor, a staff surgeon at Hospital. Pamela paid the hospital bill in total. No part of the bill was directly received by Doctor. Pamela was last examined on July 20, 1990 in the hospital’s outpatient clinic. In early April, 2000, it was discovered that metallic forceps and a nonabsorbent sponge were present in Pamela’s abdomen. The applicable statute of limitations is 10 years. In a civil action by Pamela against Hospital, Pamela will rely principally on the doctrine of: