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Looking for advice on where to research or some useful info. Thanks!
X is unwillingly driving a car along a narrow and precipitous mountain road, which drops off sharply on both sides, under the command of Y, an escaping felon. The headlights pick out two drunken persons lying in the road in such position as to make passage impossible without running them over. X is prevented from stopping by the threat of Y to shot him dead if he declines to drive straight on.
Hypothetical 2:
Same situation as above except that X is prevented from stopping by suddenly inoperative brakes. His alternatives are to run down the drunks or to run the car off the road and down the mountainside.
Question: Which common law rules, if any, would provide a defense to X in each case? Are there any valid policy reasons why X should have a defense in one case but not the other?

1,805 Posts
1st: Not X's fault. Drunks in violation of pedestrian law,
2nd: Not X's fault. Sue the car manufacturer.
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