Hank and Jack are neighboring farmers who both raise Hereford cattle . There is a fence that
Question:
Hank and Jack are neighboring farmers who both raise Hereford cattle . There is a fence that separates their adjoining pastures. By a contractual agreement, Jack had agreed to the upkeep and maintenance of the fence for 5 years. Within that 5 year period, a gaping hole in the fence comes to Hank’s attention. Hank notifies Jack of the hole in the fence, but Jack does absolutely nothing for over three months, even after Jack visually sees the gap in the fence and absolutely knows what can result because of it. After three months, the cattle roam freely across both pastures and it is nearly impossible for both owners to figure out who owns which Herefords. Hank sues Jack concerning the incident and at trial Jack is unable to submit any evidence as to which Herefords he owns (even though in actuality he owns 170 of the Herefords and Hank owns 630). How many Herefords will Jack be awarded in this confusion lawsuit?
a. 85
b. 170
c. 400, because in confusion lawsuits the property is split equally between the two owners.
d. 0
Expert Answer:
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