Question
Smeagol is driving a truckload of rings on a public road, when through no fault of his own, one of the tires on his truck
Smeagol is driving a truckload of rings on a public road, when through no fault of his own, one of the tires on his truck blows out, causing the truck to go out of control. The truck overturns, spilling the rings onto the land of Frodo, which is adjacent to the road. Smeagol, who is unhurt, returns later with a small bulldozer. Smeagol knocks on Frodo's door to ask permission to enter onto his property to retrieve the rings, but there is no answer. Smeagol drives the bulldozer onto the edge of Frodo's property, and uses it to scoop up the rings and carry them away. Because the ground is soft, the bulldozer damages some plantings belonging to Frodo, which were not damaged by the original spill. If Frodo sues Smeagol for trespass to land, what defense can Smeagol use? _____________________________________
Yogi Bear's house is on fire and in danger of spreading flames to other buildings within Jellystone Park. Ranger Smith orders Yogi's house destroyed in order to preserve the general interests of the city, specifically protecting the surrounding buildings and park. Yogi Bear sues Ranger Smith and the Jellystone Park Service. What defense can Ranger Smith and the Jellystone Park Service make?
Thug is trying to steal Vanity's Porsche. Vanity sees Thug in her car trying to hotwire it. Furious, Vanity runs toward her car, and just as Thug starts to back out of the parking spot, Vanity opens the car door, grabs Thugs and pulls him out of the car and throws him to the ground, injuring him. Thug sues Vanity for battery. What defense will Vanity most likely use? ________________________
Following their conversation in which Sandy Bull tells her husband, Jesse Jam, that she is leaving him to move in with her lover, tattoo artist, Von D. Jesse is enraged and grabs a butcher knife from the kitchen and chases his wife with it from the kitchen into the garage. Acting quickly, Sandy grabs a hatchet in the garage and strikes Jesse with it. Jesse sues Sandy for battery. What defense can Sandy allege? ______________________________
One afternoon as you're watching American Ninja Warrior and studying at a coffee shop, a man whose face is hidden by his COVID-19 mask runs into the shop grabs your Tort Law book, notes and laptop and begins running out. You go American Ninja Warrior on him, jumping up to the light fixture, swinging around it twice, doing a double back flip and kicking the thief in the face. He sues you for battery. What defense can you allege? ______________________
Gilligan moored his boat to Mr. Howell's dock during a storm without Mr. Howell's permission.It is undisputed that doing so was a reasonable exercise of ordinary care given the severity of the storm. However, strong winds repeatedly knocked the boat up against Mr. Howell's dock, causing damage. What defense can Mr. Howell allege? __________________________________________
Peyton Manning sued Mean Joe Green for tackling Peyton in a Monday night NFL game. What defense can Mean Joe Green allege? ____________________
One evening, Strike enters a dimly lit bowling alley, takes off his white Converse sneakers, puts them under a bench and puts on his bowling shoes. After bowling a perfect game, he grabs what he thinks are his Converse, puts them on and drives home. At the time he put on the Converse, Strike was so giddy about his great game he believed the shoes to be his. When Strike had driven a couple miles down the road, he realized that the sneakers he had on were yellow, not white, and therefore not his. Strike turned around and drove back to the bowling alley, where he handed the sneakers to Turkey, who had been trying to figure out where his yellow sneakers had gone. What tort has Strike committed? ____________________________
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