Essay on "Tort Law Case Questions"

Essay 3 pages (981 words) Sources: 2

[EXCERPT] . . . .

These two men have been close, personal friends for years and have established a comfortable pattern of borrowing things from each other over the years. With regard to items that are in their yards, they have never felt the need to ask permission first before borrowing, and this has never before been an issue between the two of them. It is an established pattern in their relationship that goes back years. The only difference in this case and in any of the other innumerable times these two men have freely entered each others' yards to borrow various pieces of equipment and other things is that this time, the plaintiff was not home at the time of the borrowing, whereas he had always been home before on the rare occasion the defendant needed to borrow something. As you can see from their statements, the plaintiff has done much more borrowing from the defendant over the years than the defendant has done from the plaintiff.

As you can also tell by their statements, the plaintiff has made a weekly habit of borrowing the defendant's riding lawn mower for years and has never paid for gasoline for its use, nor has the defendant ever asked for money for this purpose from the plaintiff. The value of the gasoline the plaintiff has used over the years without compensating the defendant far surpasses the value of the paint the defendant used. The defendant, based on his established history with the plaintiff of freely borrowing each others' outdoor items and the plaintiff's lack of paying for gasoline even once, naturally assumed it was within the established parameters of their relationship, as well as completely fair, for him to use the plaintiff's paint, as the plaintiff was finished using it (Statsky, 2000, p. 33). Therefore, there is no conversion here, as the monetary value of the unpaid gasoline the plaintiff has used that belongs to the defendant is far greater than the value of the paint used by the defendant based on the established and heretofore accepted parameters of his relationship with the plaintiff (Green and Randall, 2009, p. 23). No misuse of property was done here, and the only wrong done was to the defendant, by a man he thought was his friend and with whom he had established a comfortable and accepted relationship over many years in which borrowing and using each others' belongings with or without prior permission was the accepted norm.

References

Green, Sarah and Randall, John. (2009) The Tort of Conversion. Portland: Hart Publishing.… READ MORE

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