Property Question
An owner grants permission to a neighbor for the neighbor to park the neighbor’s car on the owner’s property. The agreement is not memorialized in writing, nor does the agreement state any duration as to the grant of permission.
Which of the following is correct?
(A) The owner granted the neighbor a possessory interest in the owner’s land, known as a license, even though the agreement was not memorialized in writing.
(B) The owner granted the neighbor access to the owner’s land in the form of a license even though the agreement was not memorialized in writing.
(C) The owner attempted to grant the neighbor access to the owner’s land in the form of a license, but the grant fails because it was not memorialized in a writing to satisfy the Statute of Frauds.
(D) The owner granted a profit in gross to the neighbor.
Scroll Down for Answer and Explanation
The correct answer is B. A property owner or possessor may grant a license that enables a non-owner of a property, as a license holder, to access the property for a particular reason and duration. A license is “[a]n authority to do a particular act or series of acts upon the land of another without possessing any estate or interest therein.” Black’s Law Dictionary (3rd Ed.) The Statute of Frauds does not apply to a license because a license is not considered an interest in land. A license may be verbally granted or may be reflected in a formal writing or by a ticket of admission.
A is incorrect because it erroneously states that the owner granted a possessory interest in the land. A license does not grant any possessory interest in the land.
C is incorrect for the above reasons.
D is incorrect because a profit (i.e., a profit à prendre) is a legal right to enter onto certain real property (“property”), that is a servient estate, and to remove natural resources from this property such as minerals, timber, or wildlife. The facts in this question do not suggest that a profit was granted.
Real Property § II B(4)(b)(1): Rights in Real Property: Easements, Profits, and Licenses: Licenses: Methods of Creation: Verbal or Written Licenses
Torts Question
An altercation develops between a man and his uncle at a local tavern. As a result of the altercation, the man sues the uncle on a claim based on the tort of battery. During a trial on the matter, the uncle argues that his use of non-deadly force excuses him from liability.
Which of the following statements would constitute the basis of a correct instruction on the law to the jury?
(A) Non-deadly force is permissible if the defendant subjectively believes that the plaintiff’s threat warrants the use of defensive force, and subjective grounds support that belief.
(B) Non-deadly force is permissible if the defendant objectively believes that the plaintiff’s threat warrants the use of defensive force, and subjective grounds support that belief.
(C) Non-deadly force is permissible if the defendant objectively believes that the plaintiff’s threat warrants the use of defensive force, and objective grounds support that belief.
(D) Non-deadly force is permissible if the defendant subjectively believes that the plaintiff’s threat warrants the use of defensive force, and objective grounds support that belief, such that a reasonable person would believe so under the circumstances.
Scroll Down for Answer and Explanation
The correct answer is D. The use of non-deadly force for self-defense is permissible if:
- a defendant subjectively believes (i.e., in good faith and honestly) that;
- the plaintiff’s threat warrants the use of defensive force; and
- objective grounds support that belief, such that a reasonable person would believe so under the circumstances.
A, B, and C are incorrect for the above reasons.
Torts § I D(2)(a)(1)(b)(i) Intentional Torts: Defenses to Claims for Physical Harms to Persons or Property: Privilege: General Considerations: Protection of Self and Others: Non-Deadly Force: Subjective/Objective Test