Manuel is walking past Tomas's house when he hears a smoke alarm going off. He also hears a child calling for help and sees smoke coming from a window. Manuel rushes into Tomas's house, finds the child and brings it outside. If Tomas sues Manuel for trespass to land, Manuel's defense will probably be

Question

Manuel is walking past Tomas's house when he hears a smoke alarm going off. He also hears a child calling for help and sees smoke coming from a window. Manuel rushes into Tomas's house, finds the child and brings it outside. If Tomas sues Manuel for trespass to land, Manuel's defense will probably be​

Quizplus · Accepted Answer

Manuel's defense will likely be based on the doctrine of necessity, which provides a justification for an otherwise unlawful act when it is necessary to prevent a greater harm. In this case, Manuel entered the property to save a child in danger from the smoke, which would likely be regarded by the court as a necessary act to prevent harm. Therefore, assisting someone in danger is a valid defense to a claim of trespass to land.

Manuel Is Walking Past Tomas's House When He Hears a Smoke