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2275 WordsApr 16, 201310 Pages
Midterm Essay Tort Law Torts and Defenses FACTS: Teenage Son has borrowed parent’s car one evening. First, he dropped by his girlfriend's house to pick her up but once there met with considerable resistance from her parents. Her father stood menacingly in front of the car as your son started the engine, and your son, not one to be intimidated, yelled out the window that he would run over her father if he did not get out of the way. The father, who doggedly stood his ground until the last possible moment, barely escaped injury when he finally jumped aside. Unbeknownst to either your son or his girlfriend, her younger brother had crawled into the back of the car during the fracas with the father. Once your son pulled out of the…show more content…
The Little Brother screamed to be released from the care. Once the Teenage Son was aware of the brother being in the car he (1a) acted to keep boy in the car for several miles, (1b) this action by the Teenage Son directly kept the Little Brother in the confinement of the moving vehicle before releasing him, and (1c) the little brother wanted to be out of the vehicle. The elements for false imprisonment have been met. The third intentional tort committed was by the teenage son for trespass to land. A person who enters or wrongfully remains on another’s land has committed the tort of trespass to land, (Tort Law for Legal Assistant, pg 39). One is liable to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally (a) enters the land in the possession of the other, or causes a third thing or person to do so, (b) remains on the land or (c) fails to remove a thing he is under a duty to remove (Lectric Law 2009). When the Teenage Son drove the car on the Property Owner’s land, he did so without permission. Trespass still has its validity, whether the teenage Son had done so by

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