David and Anne Jackson are farmers in a Midwestern state.They approach you with the following questions and concerns.

(a) The Jacksons' neighbor to the immediate south is a farmer named Malcolm.When the Jacksons purchased their farm from a farmer named Hopkins in 2010, they learned that the precise location of the southern border of their property was in dispute.At the time of the purchase, Hopkins informed them that he had had a quarrel with Malcolm about this issue two years earlier.Hopkins had attempted to graze his cattle along the southern boundary, Malcolm had objected, and Hopkins had backed off just in order to keep the peace."Pay no attention to Malcolm," Hopkins reassured the Jacksons."He's a bit of a curmudgeon, but is actually harmless."The Jacksons have never obtained a precise survey of the property they purchased.

Shortly after purchasing the property, in 2010 itself, the Jacksons decided that they needed to build sheds for their farm equipment.Each shed cost approximately $10,000, and the Jacksons built three.The most convenient location for the sheds, from a farming perspective, was the southern border of the property.Accordingly, the Jacksons ordered the construction of the sheds along the southern border.Until this point, neither Hopkins nor the Jacksons nor Malcolm had made any improvements along the southern border of the farm.

When Malcolm saw the sheds going up, he went to the Jacksons and told them that they were trespassing.The Jacksons ignored him."Even if it turns out that that the sheds are located on Malcolm's property," David Jackson told his wife Anne the evening of Malcolm's visit, "the sheds are worth so much more than that little strip of Malcolm's land that no court in the world is going to favor him over us.That little strip of Malcolm's land couldn't cost more than a few thousand dollars."

Malcolm died in 2020.His daughter, Janet, ordered a survey of her father's property and has just learned that the Jacksons' sheds lie entirely on her father's property.She visited the Jacksons recently and told them that she would sell them the land for approximately $35,000 (the cost of the land and the value of the sheds).If the Jacksons' did not get back to Malcolm within the month, she threatened, she would fence in the property along the true boundary line and deny the Jacksons access to their sheds.

The Jacksons are willing to pay Malcolm $5,000 for the land.Alternatively, they would consider selling her the sheds for $30,000.But they would really like to hang on the land and the sheds without having to pay anything.They would like you to inform them how a court would be likely to rule. Be sure to advise them of how a court would rule on all three of these options.What would be a fair solution?Why?Explore the implications.

The statute of limitations in the jurisdiction for adverse possession claims is 15 years.

(b) The Jacksons grow a variety of fruits and vegetables on their farm.During the harvest season, they rely upon migrant laborers from Mexico to assist them.They typically house the laborers in sheds built on a plot of land immediately adjacent to the farm; the Jacksons rent this plot of land from a neighboring farmer.Although the Jacksons provide basic living facilities, the laborers are responsible for their own meals.Because the sheds don't have gas hookups, laborers tend to order cylinders of gas from local suppliers to meet their cooking needs.

One day, an employee of ABC Home Supplies ("ABC"), a retailer located in the nearest large town, drove up to the Jacksons' farm with gas cylinders the laborers had ordered.When David Jackson asked the employee his business, the employee identified himself as Newman and stated that he wanted to drive across the farm to make a delivery to the laborers.

Jackson told Newman that he could drive along the regular public road to reach the shed and make the delivery.Newman replied that it was much quicker to reach the shed by cutting across the Jacksons' farm.Newman is correct in his assertion; it would take an additional 45 minutes to reach the shed via the public road.There was a bit of additional background to Newman's insistence.The laborers have often complained about how difficult it is to get supplies delivered to the sheds in which they reside; suppliers located in town balk at driving very far.

When Jackson refused to let Newman drive onto the farm, Newman responded angrily: "Now I know why you have a reputation for being a terrible employer."Despite Jackson's admonitions, Kendall hit the accelerator and entered the Jackson farm.Upon making the delivery, he took the same route back.Incensed, Jackson could do nothing but watch.

The Jacksons would like to know what recourse they might have against ABC for the action of its employee (ignore for purposes of your answer whether the liability of ABC might be different from that of Newman).How is a court likely to rule?