Partner Carter is representing a client, William Walley, who has had a civil claim filed against him. The civil claim is based upon a cause of action for the tort of trespass.

Three months ago, Walley was relaxing with an iced tea on his porch when he heard a small child crying loudly. The sound seemed to be coming from his neighbor's garage.  Walley got up from the porch and ran across his neighbor's lawn. Although his neighbor, Mr. Loud, had posted a no trespassing sign on his property, Walley ignored the sign.

Walley looked in the garage and saw what looked to be a blanket on the floor with something under it moving furiously. He continued to hear crying and the crying was getting more and more frantic.  Walley checked the garage door and saw that it was locked, as was as the window that he was peering through. He then noticed that there was a rake and a baseball bat leaning against the garage. He picked up the baseball bat and smashed the garage window.  He then crawled through the window.  In crawling through the window, he also knocked over several cans of paint that ran all over the garage floor and onto some furniture stored there.

Walley then ran towards the moving blanket. When Walley lifted up the blanket, he saw that it was a cat that had been trapped there. The cat jumped up and ran out of the garage. As Waterloo turned to leave the garage, Mr. Loud drove in the driveway. 

 Loud is now suing Walley for $12,000 worth of damages to the window, garage floor, lost paint, and furniture that was ruined by the paint.

 Based upon the facts provided above, Partner Carter has asked me to research at least two potential defenses that could be raised in the state of Maryland against tort claim of trespass.  I should include all of the elements that must be raised to support these types of defenses as well as how damages that will be addressed under these types of defenses.  This should include the: Facts, Legal Issues, Rules of Law, Application/Analysis, and a Conclusion.

What are two primary sources of law in the state of Maryland (statutory and/or case laws) that is relevant to  legal issue in Westlaw?Explain

Answer rating: 100% (QA)

Defense 1 Necessity Private Necessity Facts Walley entered Mr Louds property without permission to rescue what he believed was a distressed child in t... View the full answer