Question

ENGINEERING CONTRACTS

Husband and Wife, walking on a country road, were frightened by a large bull running loose on the road. They climbed over a fence to get onto the adjacent property, owned byGrower. After climbing over the fence, Husband and Wife damaged some of Grower’s plants which were near the fence. A large sign was posted on the fence. The words “No Trespassing” were written on the sign.

Grower saw Husband and Wife trying to escape from the bull and came toward them with a large watchdog on a long leash. The dog rushed at Wife. Grower had intended only to frighten Husband and Wife, but the leash broke, and before Grower could restrain the dog, the dog bit Wife.

Q1: If Husband asserts a claim based on assault against Grower, will Husband prevail? Which answer is most correct?

1. A) Yes, because the landowner did not have a privilege to use excessive force.

2. B) Yes, if Husband reasonably believed that the dog might bite him.

3. C) No, because the dog rushed at and bit Wife.

4. D) No, if Grower was trying to protect his property

Q2: If Grower asserts a claim against Wife and Husband for the cost of the damage to his plants, will Grower prevail? Which answer is most correct?

1. A) Yes, because Wife and Husband entered on his land without permission.

2. B) Yes, because Grower had posted his property with a “No Trespassing” sign.

3. C) No, because Wife and Husband were confronted by an emergency situation.

4. D) No, because Grower used excessive force toward Wife and Husband.

Answer 1

Answer 1 –(a) Yes, because the landowner did not have a privilege to use excessive force. Grower can warn them or can make arguments for money for the damage but using this is not a kind of noble cause.

Answer 2-(c) No, because wife and husband were confronted by an emergency situation.

Thank you

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