Defendant’s ship had just completed unloading its cargo at Plaintiff’s dock when a severe storm arose. Defendant’s ship captain ordered that the ship be more securely moored to the dock. During the storm, as mooring lines parted or chafed, they were replaced, sometimes with larger ones. Plaintiff’s dock was damaged as the result of defendant’s ship striking the dock during the storm. In an action by Plaintiff against Defendant for the damage to the dock,
A. Plaintiff cannot recover because the storm was an act of God.
B. Plaintiff cannot recover provided the Defendant’s ship captain acted reasonably, because the captain’s conduct was privileged.
C. Plaintiff may recover even though the captain’s conduct was privileged.
D. Plaintiff may recover because the ship’s presence at the dock after its cargo had been unloaded constituted a trespass.
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