Driver knew that children frequently played in the street along Elm Street. As Driver was operating his vehicle along Elm Street, he saw a ball roll into the street. A few seconds later, Child darted out into the street after the ball. Pedestrian, a passerby, saw Driver's vehicle bearing down on Child. Concerned that Child would be hurt, Pedestrian rushed into the street to try to save Child. Just as Pedestrian reached Child, Pedestrian tripped and fell down in the street. Driver's car struck both Pedestrian and Child, and both were injured. The jurisdiction follows traditional contributory negligence rules. 143. Assuming that Child is four years old, will Child prevail in a personal injury suit against Driver? (A) Yes, because Driver knew that children played in Elm Street. (B) Yes, unless Driver was going no faster than the posted speed limit. (C) No, because Child negligently darted into the street. (D) No, because Child's parents were negligent in not properly supervising Child. On December 1, Diane died without children and without a will. The applicable law of intestate succession provides that George is Diane's only heir. Sam claims that George has no interest in the land. Title to the avocado ranch is held by whom?
A. George, because of the doctrine of merger.
B. George, because Diane died intestate and her fee simple passed to him as her intestate heir.
C. Sam, because the interest granted to Diane's spouse is void under the Rule Against Perpetuities.
D. Sam, because Diane, although survived by her spouse, died without children.
Choose A, B, C or D as your solution.
D