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Question: Business Law

1) Ace automobile rental company negligently fails to discover and repair the very defective brakes on one of its cars. Ace rents the car to Jerry who negligently fails to apply the brakes and a pedestrian is injured. When the pedestrian sued Jerry on negligence, Jerry claims that he is not liable for the collision because even if he had applied the defective brakes, he would not have been able to avoid hitting the pedestrian. What result? Which one of the five element of negligence does Jerry claim is missing in pedestrian's suit against him?

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