Farmer V Pilot Essay Example for Free

husbandman V take flight EssayDoes husbandman have any decl are(s) for indemnity against Pilot based on intentional tort? Discuss.Rule of Law The essential requirements of intentional torts atomic number 18 the elements of intent, injury, damage and causation. The concept of intention does not require that Defendant (D) know that his/her meet will stool scathe to the Plaintiff (P), but must know with substantial certainty that their make for will pass on in certain outcomes ( grungeing of the plane on the Ps devour). To successfully make a fill against D, P must prove that D answered with purpose when he landed the plane on Ps stead, that the act was intentional and it lead to the injury suffered by P (loss of land and crops) and the resulting restitution to Ps land and crops. It is bring in from the facts that that Pilot had clear intent to land the plane on husbandmans property, that there was injury, that were damages and that it was the act of the Pilots t hat caused the damages. Farmer (Plaintiff P) may have deuce-ace claims against the Pilot (Defendant D) for damages based on intentional tort. The potential claims will be on the root word of a) rape to Land Did Pilot invasion on Farmers land ? b)Trespass to personal movable Did Pilot trespass on Farmers chattel (property i.e. crops) ? c)Trespass to Conversion Did Pilot commit a conversion of Farmers property ? DefensesFrom the Pilots perspective, the potential applicable self-denial privileges that the courts provide to the Defense such that they are not held responsible for their act, are in the form of i) take, ii) self defence, iii) justification of others (good samaritan) or iv) requirement. though there are additional defense privileges usable chthonian the rule of right, the facts of this case lean towards exploring the give tongue to defenses. i.Consent In the absence of live with from the property owner, consent can be implied by law (in the cases o f emergency, when consent cannot be obtained in person) or consent can be implied in fact (when a consent cannot be obtained, but a reasonable person would believe that the property owner would give consent under the same specific conditions). ii.Self defense as a defense would be applicable in the circumstances when a threat is imminent and the subsequent act is reasonable. It is an affirmative defense, which would absolve D of exclusively obligation. iii.Defense of others is a privilege to act when the other person being defended has the right to self-defense and a privilege to act, and the draw and quarter being used by D is acceptable under the reasonable force rule. iv.Necessity A compulsion defense requires the following elements (1) D acted to avoid a significant risk of harm (2) no adequate lawful means could have been used to escape the harm and (3) the harm avoided was greater than that caused by breaking the law. Some jurisdictions also require that the harm must have been imminent and that the do taken must have been reasonably expected to avoid the imminent danger. The demand defense could all be a public necessity or a backstage necessity. A public necessity is a full defense under the doctrine of public good and D is not held conjectural for any damages. A private necessity is a not a viable defense and perhaps considered a limited defense since the act that created the tort was for the benefit of D or a tertiary party. As a result, D may not be liable for the trespass, but is liable for the damages resulting from the trespass. The fact that the intent was driven from necessity, does not change the fact that the landing of the plane on Farmers property was intentional, voluntary and without the consent of the Farmer. However, the based on the facts, Pilot has a potential defense in the form of necessity.12 Analysisa)Did Pilot trespass on Farmers land ?Trespass to land is defined as a persons unlawful entry onto anothers land. There a re five elements which the plaintiff must show to make leading(predicate) facie case I.Intrusion on Ps land was a volitional act by D.II.D acted with the intent of intruding on the Ps land. III.Physical intrusion on the Ps land by D.IV.P was in will power or was entitled to immediate possession of the land when the trespass took place. V.Trespass was caused by the Ds act. ground on the facts, it is clear that the Pilot has a prima facie case for trespass to land. The facts are clear that the i) Pilot intended to land on the Farmers land ii) Pilot did land on the Farmers land iii) the Farmer had not expressly authorized the entry. 3 However, as a defense privilege we have to review the law in terms of implied consent (impliedin-fact and implied in law) and the application of necessity case law. The urgent nature of the circumstances and the availability of limited options (sub-division of homes, trees of vacant land) provide a tail for implied consent. Implied in-fact consent woul d be an objective manifestation as a reasonable person would consent under the circumstances especially when taking into account the loss of life against the loss of property. Per case law, the courts have command that loss of life over-shadows loss of property. Similarly, implied in-law consent would need to be reviewed under the rule of law and the benefit of the public, considering the options between landing on a housing tract versus landing on a vacant farm where the potential of damages would be significantly lower.The same elements of urgency and limited available options also provide the defense privilege under the rule of law of necessity. If the defense go under the preview of public necessity, then D is not liable for any damages and P will not be able to collect any damages from D. However, if the defense travel under private necessity, D is liable for limited damages to P. As such a key factor to decide under the rule of law will be was this public necessity versus p rivate necessity ?. Though D took action to minimize loss to the public, the action was also driven by private necessity as D and D clients were less likely to be suffering in the vacant field than in the sub-division and/or trees. In addition, the fact that D was a pilot light and was immediate a commercially paying client will also play a situation in deciding public versus private necessity.4 b)Did Pilot trespass on Farmers Chattel ?Trespass to chattel is the intentional hindernce with the right of possession of personal property of another. The defendants acts must deliberately damage the chattel, deprive the owner of its use for a period of time, or totally dispossess the chattel from the owner. i.An act by D that intentionally interferes with Ps right of possession in a chattel ii.Causationiii.DamagesBased on the facts, it is clear that the Farmer does have a valid claim for trespass to chattel. The elements of causation and damages to the Farmers crops are clear. Even th ough the facts do state that the Pilot did not seethe crops from the air as they had been recently planted), a the Restatement (Second) of Torts indicates that intention is present when an act is done for the purpose of using or otherwise intermeddling with a chattel or with knowledge that such an intermeddling will, to a substantial certainty, result from the act. Based on the rule of law, the Farmer has a valid prima facie claim for trespass to chattel. c)Did Pilot commit trespass of conversion on Farmers property (land and crops) ? The trespass of conversion is similar to the tort of trespass to chattel. Both require D to interfere with Ps right of possession in personal property. However, defendant must have intended to sour control over the property in a manner inconsistent with the owners rights. However, conversion claims are brought in cases where the damage done to the property is more severe than in a trespass case. The facts of the case do not indicate the severity of th e damages or the length of time for the loss of chattel. In the event, that the land was damaged for the longer term where the Farmer was unable to use the land for farming for the longer term, this claim could be made under the laws for conversion ConclusionTrespass to land, Trespass to Chattel and Conversion are acts which were committed by Pilot. The Pilot fully intended to land on the Farmers property knowing that it belonged to someone else and knowing that they did not have express consent to land. The Pilots act of intentionally landing in the Farmers field caused damaged to the Farmers land and crops. However, the Pilot acted within reason, acted as a reasonable person would under the emergency circumstances and did act on the best viable option i.e. landing on vacant farmland versus, a sub-division of homes or trees. The Pilot did not act with recklessness or negligence. As a result, the defense of necessity is applicable. The defense of necessity will limit or fully absolv e the Pilot from any damage claims from the Farmer. The sign between public versus private necessity is the deciding factor on the Pilots liability towards the Farmer. Though D took action to minimize loss to the public, the action was also driven by private necessity as D and Ds clients were less likely to be hurt in the vacant field than in the sub-division and/or trees. In addition, the fact that D was a pilot and was flying a commercially paying client will play a role in deciding publicversus private necessity. I believe that it is an act that is not likely to be defined as a public need act under case law and as such, the Pilot would be liable to pay reasonable (non-punitive) damages to the Farmer.5