Jackie, who was 13 years old, lived on a farm with his parents. He had always helped out with chores on the farm and had learned how to drive the tractor when he was 11. One morning, as he had done several times before, Jackie took the tractor onto the public road to reach one of the outlying fields a few hundred yards away. A state statute permitted persons without a driver’s license to temporarily operate farm vehicles on public highways. As he was turning off the road into the field, he saw a classmate riding her bicycle at a crossroads a short distance ahead of him. Jackie, who had a crush on her, decided to change course so he would have a chance to say hello to her. He pulled back onto the road right in front of a milk delivery truck driven by Putt. Putt, swerving to avoid Jackie, went off the road into a drainage ditch and sustained serious injuries. Putt sued Jackie for his injuries. At trial, Jackie requested the judge to instruct the jury that he should be held to the standard of care of a child of the same age. Putt then requested the judge to submit the following instructions to the jury:
I. A higher standard of care is warranted for the particular activity in which the defendant was involved. = adult standard
II. Persons 13 years of age or older are held to the same standard of care as adults.
III. It is appropriate to take into account the fact that the defendant was experienced at driving a tractor when considering the standard to be applied.
Children should be judged by age, intelligence, education, experience = judged as an adult if doing adult activities. And experience since he was 11. = should be more careful. In intentional torts, mentally ill is judged so long as they can form intent. Children are judged based on intelligence, age, education not experience. Which of the above numbered instructions would it be appropriate for the judge to submit to the jury?
(A) I only.
(B) I and III only.
(C) III only
(D) I, II and III.