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QUESTION

Sidney asked a neighbor, Tina, to water his front-yard flowers while he went on vacation. Tina agreed, and for three days, Tina watered the flowers...

Sidney asked a neighbor, Tina, to water his front-yard flowers while he went on vacation. Tina agreed, and for three days, Tina watered the flowers without a problem. However, on the fourth day, Tina touched the outside faucet and received a violent electric shock that shot her through the air, melted her flip-flops and glasses, set her clothes on fire, and seriously burned her. Later, when she had recovered, Tina sued Sidney, claiming that he had caused the accident when he had negligently repaired a second-floor toilet. Experts testified that Sidney's repairs were negligently done. Water from the leaking toilet then flooded through the walls of the house, soaking wires and eventually causing the faucet to become electrified. You represent Sidney. Which element of a negligence claim would be most helpful to his defense? [HINT: don't forget to list ALL of the required elements of a negligence case.] Why?

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