Mark, a ten year old, is out one evening dressed up for Halloween. His costume is mostly of dark material as he wanted to dress up as Darth Vader from the Star Wars franchise. Mark wants to cross a busy street but decides to cross outside the crosswalk and he is struck by Francine. Mark is seriously injured as a result of the accident. At her deposition, Francine testifies that it was a clear evening, she was traveling twenty five (25) miles an hour (the posted speed limit for the street), had her headlights on, and did not see Mark when he stepped into the street until she was approximately ten feet away from Mark. There is evidence that Francine did attempt to brake based on the skid marks on the road, and that she also attempted to swerve just before impact. Discuss:

(a) whether Francine was negligent in injuring Mark, including in your discussion the legal rule that defines the elements of negligence
(b) whether Francine can raise an affirmative defense to a claim of negligence.