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

Answer 1

Although John left his car in the parking lot under emergency conditions, he still committed a trespass on the owners property.

Step-by-step explanation:

Trespassing is a criminal offence. If someone is caught trespassing on others property the he can face a civil lawsuit. According to state laws there several elements of the crime in trespassing such as intentionally entering someones property without authorisation and remaining on it (intent). Trespassing is a crime because a person goes onto the property knowing that he/she doesn't have the right to be there. Accidentally wandering onto someones land is not considered to be a crime.