On a sunny winter day, Dan went for a hike in the mountains. While walking on a trail far from civilization, a sudden storm arose. Thick snow accompanied by horrific winds created blizzard conditions. Dan was an experienced outdoorsman and knew that, without shelter, he was likely to succumb to hypothermia and die.

Fortunately, Dan remembered that his friend Jill owned a cabin in the vicinity. Jill had told him that he could use the cabin should the need arise. In the blizzard conditions,

Dan struggled to find Jill's cabin, but soon saw a red-roofed log cabin that looked exactly like Jill's. As promised, the key was under the mat, and Dan entered to wait out the storm. In order to stay warm, Dan removed some built-in wooden bookshelves from the wall and used them to build a fire in the fireplace. He also threw in some books that were on the shelves to keep the fire going. He slept in front of the fire, and the storm was over the following morning.

Before leaving the cabin, Dan wrote Jill a note thanking her for the use of the cabin and apologizing for the missing shelves. He forgot to mention the books. He left his phone number and told her to give him a call.

As it turns out, the cabin where Dan stayed was owned by Polly and not Jill. When Polly went to the cabin to open it for the summer, she noticed that her bookshelves and books were missing and found a note on the table from some fellow named Dan.

Polly was outraged that a stranger would use her cabin without her permission, destroy the bookshelves, and take her books. She decided to sue Dan.

a. What defense(s), if any, can Dan reasonably assert to Polly's tort claims? Discuss.

Answer rating: 100% (QA)

In response to Pollys tort claims Dan can assert a few potential defenses 1 Implied Permission Even ... View the full answer