Muriel was the coach of a ski team, and was driving home from a skiing competition with four members of her team. Near nightfall, a winter Noreaster' blizzard storm hit, reducing visibility to fifty yards, at most. The storm was unexpected, so plows were slow to respond. Muriel realized that they would be unable to continue driving home until the snowfall lessened. Then the heating unit of the car failed, and Muriel and the ski team were in real danger of freezing in the blizzard conditions. Luckily, Muriel spotted a small cabin along the side of the road. She pulled over, and finding it closed and locked, Muriel shattered the window of the front door with a piece of firewood. Then, she fired up the pot-bellied stove and gathered the team members around it to warm up. The next day, Orville, the cabin owner, arrived and found Muriel and the team members sleeping on the warm floor. The weather had cleared, the roads were plowed, and there was a large town within ten miles. Muriel refused to leave, stating that the heating unit in her car was inoperable, and she did not want to risk the safety of the ski team members. If Orville brings a claim of trespass to land against Muriel, what is the probable result?

Question 7 options:

a)

Muriel is liable of trespass to land, because she intentionally remained on the property of Orville.

b)

Muriel is not liable of trespass to land, because she can effectively use the defense of public necessity.

c)

Muriel is liable of trespass to land, if she was negligent in caring for the heating unit in her car.

d)

Muriel is liable of trespass to land, if she was negligent in attempting to drive in hazardous conditions.

Question 8(12 points)

Miller was exhausted from working double shifts at his job during peak season as an accountant. He visited his friend Smith at Smith's one-bedroom apartment, in order to relax a bit. Smith knew of Miller's current work schedule, and was concerned that Miller might be jeopardizing his health by working so much. As they watched a ball game and talked, Miller fell asleep. It was early evening, and Smith knew that if Miller woke up soon, he (Miller) would go back to work. However, Smith had a dinner engagement he needed to attend. Therefore, so as not to wake Miller, Smith intentionally left his apartment quietly to attend his dinner engagement. Upon leaving, Smith armed his sophisticated security system throughout his apartment, thereby locking all door and windows and preventing anyone from entering or leaving the apartment without the appropriate code to disarm the system. When Smith returned from the dinner engagement, he disarmed the security system, and opened his door. As he walked through the door, he verbally greeted Miller, who had slept continuously since he had originally fallen asleep earlier in the evening and had just awakened. Smith related to Miller the events of the evening, at which Miller became very upset that he had missed a night's work and had thus lost wages. If Miller brings an action against Smith for false imprisonment, who will prevail?

Question 8 options:

a)

Miller, because Smith intentionally caused Miller to be confined within a bounded area.

b)

Miller, because he missed work because of Smith's actions and suffered damages from lost wages.

c)

Smith, because Miller was not aware of his confinement during the time period he was actually confined.

d)

Smith, because he only intended to help his friend.