Torts

Kafi Hunter

Torts Assignment Module 6

As a result of the crash, Farmer suffered several thousand dollars in damage to his land. Neither Dan nor Pilot suffered any physical injuries.

1. Does Farmer have any claim(s) for damages against Pilot based on intentional tort? Discuss.

Intentional tort is a deliberate action to cause harm. The Pilot could not see if the land that she choose to navigate the plane for a safe landing had any crops therefore her intent was not deliberate to destroy the crops. However, the Pilot did trespass on the Farmers land. Trespass is considered an intentional tort and occurs when the violation of an exclusive possession is interfered upon. A trespass violation also gives the owner of the property the right to bring a civil lawsuit and collect damages as compensation for any harm suffered. The Pilot did not have permission to land on the Farmers land when landing the plane. The Pilot also destroyed crops with landing the plane. The Farmer does have a claim against the Pilot based on the intentional tort of trespass.

2. Does Dan have any claim(s) against Pilot for intentional tort? Discuss.

Dan could claim battery against the Pilot because she intended to move him out of the way. Battery is an intentional tort and a crime because it is a harmful or offensive contact towards another person. Pilot asked Dan to move out of the way of the exit so that Pilot could leave the plane. Dan choose to remain seated until the Fire Department cleared the plane for a safe exit. Pilot did not intend to harm Dan only to remove herself from the plane. Dan’s refusal to move caused the Pilot to push him out of the way for her safety. Pilot could be excused from battery because she was trying to prevent being trapped in the plane with the possibility of a fire ensuing due to the crash.

3. Does Pilot have any claim(s) against Dan for intentional tort? Discuss.

Pilot does not have a claim against Dan for an intentional tort. Yes, Dan...