First Principles of Business Law

5. Breach of a duty of care

5.1.7. The relevance of a defendant's youthfulness

Read the following facts and then consider the arguments.

A is a twelve-year-old girl. One day, while playing in her garden with a ball, she sees B, a neighbour's seven-year-old child, playing in his own garden. A goes onto the sidewalk and asks B if he would like to play with her. He says yes and joins her on the sidewalk. They begin throwing the ball to each other. Before long, the boy misses a catch and chases after the ball onto the roadway where he is struck and killed by a passing car. B's parents sue A, arguing the harm was foreseeable.

Which of the following arguments is more likely to succeed?