« on: August 18, 2004, 02:51:49 PM »
Thanks for your thoughts! I'm actually working on this question as part of a take home exam, so I'm not sure how much I can really discuss this particular situation without feeling like I'm cheating! However, in this exam, the call of the question is simply to discuss D's liability to the various parties--hence my uncertainty about how much to include. With something that broad, would it be wise to include information on negligence after a discussion of trespass? In short, D threw an object in an intentional attempt to strike another person, but missed and succeeded instead in entering a nearby property and setting off a chain of events (object hitting other object, knocking over a candle, causing a fire, etc.) that resulted in substantial damage to the property. So my discussion revolves around how the intent can be transferred from the battery attempt to trespassing, and how once a trespass is established, a trespasser can be held liable for all the consequences of his or her trespass, no matter how far-reaching. In a situation such as this, should potential negligence even be addressed? Thank you for your help!