Question 67 out of 7 pointsAssume that Lance and Jacques are racing 500 miles through the Moroccandesert on bicycles. The winner of this Tour de Sand, sponsored by the FrenchGovernment, will bring home 1 million Euros. Each rider must carry his own waterand fill up at every oasis he passes-and there aren’t many. Although Lancedoesn’t know it, the French government has informed Jacques that it would bevery happy if Lance never emerged from the desert. Lance and Jacques havebeen racing neck and neck, but Lance is finally feeling his age. Around 4:00p.m.he realizes that he has a torn muscle and will have to quit for the day. If he’scareful with his water, it will last him until he gets to the next oasis. Jacques alsostops and informs Lance that by tomorrow evening he will be dead. Jacques tellsLance that he is going to ride on to the next oasis, fill his canteen, and thenpoison the oasis with arsenic. There is no way for Lance to make it back to theprevious oasis. It’s simply too far. Unless Lance can keep up with Jacques, or beathim to the next oasis, Lance will find himself with nothing but poison to drinkwhen he gets there. Lance knows he can’t keep up with Jacques, but he isdetermined to try. They begin racing again, each as fast as he can go, but it’sclear within 100 yards that Lance will not be able to keep up. As Jacques is justabout to crest a sand dune, Lance swiftly draws his concealed handgun and

shoots Jacques through the head, killing him instantly. Lance finishes the courseat a leisurely pace and then collects his prize money from a very unhappy Frenchgovernment. The French get their revenge by instructing the Moroccans tocharge Lance with murder.Which of the following is a TRUE statement about Lance’s case under Commonlaw?