When we last reviewed the fact situation below between Tom, Bobby, and Bill, Bobby had contacted his lawyer wanting to sue Bill for breach of contract by claiming he failed to build a fence between Tom and Bobbys land to protect Bobbys onion crop as he promised. Bobby sought to be compensated for his damaged onion crop. After reviewing the matter, Bobbys attorney realizes that Bobby may not have luck recovering under contractual law. Bobbys lawyer contacts Bobby and asks him to re-tell him the fact situation.

Tom owns 100 acres of land. Bobby owns 100 acres next to Tom that he uses to grow onions. There is no fence dividing Tom and Bobbys land. Bill owns 300 acres next to Tom that he uses to graze cattle, but he needs another 100 acres for his cattle. Tom agrees to lease his land to Bill, and they sign a lease contract. Bobby learns of the lease and approaches Tom that he is concerned that his onion crop will be destroyed by the cattle without something to keep the cattle on Toms property. Tom promises Bobby he will talk to Bill. Tom talks to Bill about Bobbys concern, and Bill promises Tom to construct a fence between Tom and Bobbys land. Tom tells Bobby what Bill said. Bobby thanks, Tom. Bill brings his cattle onto his 300 acres and lets them graze freely on his and the land he leased from Tom. One morning Bobby inspects his onion crop, and it is destroyed. $100,000.00 worth of onions gone. It was all trampled on and chewed up. Bobby is devastated and angrily contacts Tom about what happened and his failure to have the fence built. Tom feels bad, but he says he has no control over what happened. He thought Bill would comply with his promise to him to build a fence. Bobby then calls Bill, who denies his cattle caused the damage because he had that morning accounted for all his cattle on his 300 acres. Bobby asks Bill why he had not built the fence he promised to build for him. Bill says he does not recall promising to build a fence for Bobby.

B. What if in the county where Tom, Bobby, and Bill own their property, cattle are allowed to run large, which means to graze or roam freely across the land and onto roadways without concern for fencing? Also, what if a property owner is required by law to fence against animals that may run large onto their property. What would happen to Bobbys claims and remedies? Do the burden to protect Bobbys land and onion crop shifts all to Bobby?