Julia, a chemist of international reputation, was working on new plastic explosives in the laboratory in the basement of her home. The laboratory was duly licensed both to carry on explosives research and to possess all of the chemicals on hand. One evening, after she placed a new plastic explosive which she was preparing for the CIA into its shipping container, she left and locked her laboratory, but through inadvertence, forgot to set the elaborate burglar alarm system. While she was out of the house on an overnight visit with a friend, terrorists broke into her laboratory and stole the plastic explosive, a feat which they could not have accomplished if the alarm system had been activated.
Two weeks later, the terrorists concealed the plastic explosive in a tape recorder, which was in turn hidden in luggage placed aboard an airplane owned by Transcontinental Airlines. The bomb exploded prematurely while it was still on the ground, destroying the airplane.
Transcontinental Airlines has brought suit against Julia, seeking damages for the loss of the airplane. In that lawsuit,
A. Transcontinental will prevail, because the explosive is an ultrahazardous substance.
B. Transcontinental will prevail, because Julia’s conduct in making the explosive made it possible for the terrorists to destroy the airplane.
C. Julia will prevail, because she is not responsible for the deliberate criminal acts of the terrorists.
D. Julia will prevail, unless the possession of such highly dangerous material should have led Julia to maintain a higher level of security in the laboratory than was maintained the night the explosives were stolen.
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