Question
If Washington opted to sue Jefferson for trespass to property, which of the following possible defenses would be most likely to succeed? Consent - Jefferson
If Washington opted to sue Jefferson for trespass to property, which of the following possible defenses would be most likely to succeed?
Consent - Jefferson could insist that his story is accurate and that Washington consented to Jefferson's entry by giving him the key and telling Jefferson that he was going out of town. | ||
Mistake about consent - Jefferson could concede that he was mistaken about whether Washington had asked him to feed the cat and argue that his unauthorized entry should be excused because he mistakenly believed he had Washington's consent to enter. | ||
Superceding tort - Jefferson could argue that his liability to Washington for trespass was superceded by Washington's more serious tort against Jefferson. | ||
Mistake about ownership - Jefferson could argue that he had no intent to trespass because he had been drinking and thought he was actually entering his own house. |
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