Torts question

[Maggie White]

Hi Erin,

Sorry it took me so long to respond but here is my reply to the
imaginary torts exam question you posed the other day. Please let me
know if I'm on the right track here.

Thanks,

Maggie


Reply to imaginary torts exam question:

Facts: D placed a 10-inch knife in the driver’s seat of her new car
and rigged it to stab the driver of the car, unless the system is
disarms. D is the only person who knows how to disarm the system. P
broke in to D’s car and hotwired it, subsequently getting stabbed in
the back. P later died and P’s estate sued D for damages.

Issue: Can a property owner protect personal property (a new car)
against thieves by a knife rigged to be capable of inflicting death or
serious injury?

Analysis: Preventing injury and protecting human life is more
important than preventing theft (when thieves are not causing bodily
harm to owners) and protecting land and property.

Conclusion: Property owners are liable for harm caused to thieves by
devices set up with the intent to cause death or serious injury to
intruders for the purpose of protecting personal property.

[Erin Lain]

Great! I'm so proud! I really don't have any comments, except for the
fact that my exam question is much less complicated than the fact
patterns that you will be given during your final. Just FYI.