Question
Scot Towers Ltd. was constructing a building, and in the process a crane they were operating often swung over the adjoining property owned by West.
Scot Towers Ltd. was constructing a building, and in the process a crane they were operating often swung over the adjoining property owned by West. West had not given permission for such an intrusion, and they had not signed an agreement or waiver of any sort with Scot Towers Ltd. West sued Scot Towers Ltd. and the crane's operator for damages when the crane smashed a window and wall of the West building.
A. What is the main legal issue or nature of West's complaint?
B. Explain the arguments and defenses each side will have.
C. What is likely to be the outcome of such a lawsuit?
D. Explain any appropriate remedy if the action is successful.
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