Tort Law Essay 1

Torts Essay One

Does Farmer have a claim for compensation against Pilot? Does Dan have any claims against Pilot and does Pilot have any claims against Dan?

1. Does Farmer have any claims against Pilot?

Trespass to Land

Trespass to land is an intentional tort which is defined as the unlawful intentional entry of an individual or an object on to land of another without permission.

Intent: The defendant desired to trespass

In this case Pilot was aware that the plane was going to crash. The plane suddenly began to lose altitude Pilot attempted to regain control of the plane unsuccessfully, and the plane began to descend at a very rapid pace. Pilot began looking for a safe place to land. Pilot saw what she believed was a vacant field next to the farm that presented to be the safest place to land, since her other options were trees or a subdivision of homes. Pilot intended to land in the field which was owned by farmer. Pilot landed onto Farmers land and caused thousands of dollars in damages.

Pilot did in fact intend to and did land in the field owned by Farmer, so Pilot did commit the act of trespass to land.

However, Pilot is excused from liability for trespass to land because Pilot has a defense of privilege.

A defendant is excused from liability from trespass to land if the actions are strictly necessary to prevent public disaster. Pilot had an option to land in a subdivision which could have harmed innocent residents. Also the action is not liable if it is for the benefit of the defendant or a third person. Pilot’s other option was to land in the trees and if Pilot had landed in the tress Pilot and the passenger Dan could have been injured.

However Pilot can be liable for the damages done to Farmers crops.

Yes Farmer can be compensated for the damage to the crops. Pilot is not liable for mere entry but Pilot is subject to liability for any harm done to Farmers crops which amounts to thousands of dollars

No, Farmer cannot be compensated for...