Question

John was driving home one night in a terrible snow storm when his car stalled. He managed to push the car onto a small shopping center's parking lot. The next day about noon he came to get the car and it had been towed away by the owner of the parking lot. The owner explained she had to remove the car to clean the snow off her lot and told John where the car had been towed. Which statement is correct?

a. The parking lot owner has a absolute privilege for towing the car since it was a business necessity.
b. Even though John left his car in the parking lot under emergency conditions, he still committed a trespass on the owner's property.
c. The owner of the parking lot is liable for conversion. She took John's car without his consent.
d. All the above are correct.

Answer 1

Answer: B. Even though John left his car in the parking lot under emergency conditions, he still committed a trespass on the owner's property

Explanation: Since John left his car, though under emergency conditions, in a private parking lot, he did so on private property, and he is not the owner but the woman. Even if it wasn't a business need, the owner of the parking lot was able to pull the car away without his consent. She might not have done it if she had no business needs, but in any case she is the owner and she could have done it anyway.