Question
Ryan and Phillip were fighting on the rooftop of Phillips apartment building. Ryan rushed at Phillip, leaped and tried to kick him in the head.
Ryan and Phillip were fighting on the rooftop of Phillips apartment building. Ryan rushed at Phillip, leaped and tried to kick him in the head. Phillip was scared out of his mind, but somehow managed to dodge. Ryan missed and went sailing past Phillip. As he landed, Ryan grabbed onto the roof railing. An ornamental knob on the railing broke free, fell off the roof and smashed into the property next door, which was owned by Wolfgang, causing extensive damage. Wolfgang sues Ryan for trespass. What is the most likely outcome of this claim?
a. | Ryan will win because he did not enter onto Wolfgangs property and he did not intend for the ornamental knob to enter onto Wolfgangs property. | |
b. | Wolfgang will win because Ryan intended to grab the rail and it was substantially certain that grabbing the rail would cause the ornamental knob to enter onto Wolfgangs property. | |
c. | Ryan will win because, although he intended to batter Phillip, the battery did not occur, which prevented the intent from transferring. | |
d. | Wolfgang will win because the ornamental knob entered onto his property without his permission and Ryans intent to batter Phillip will transfer and satisfy the intent element of trespass. |
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