TTTBE #4: Early Answer for Patrons (Patreon)

The answer to the question was (B).  Thomas is now 2-for-4 (50%) and is feeling cautiously optimistic about the next question.

This question was asking a basic principle of law:  does the tort of trespass require the plaintiff to prove a specific intent to injure on the part of the defendant or not?  Thomas chose (B), the correct answer, which is that the tort only requires that the plaintiff prove that the defendant did the act that caused the trespass deliberately.

(C) was a common incorrect answer, and that makes sense; it's the right framework but the wrong substantive law.  Thomas gives a REALLY good analysis of this on OA 31, so if you picked (C), you'll definitely want to listen.

Some people picked (A), which has a lot of legal buzzwords in it but doesn't really make a lot of sense.  No one chose (D), which I thought at least hinted at a real issue in trespass law; namely, how large an intrusion there has to be to constitute a "trespass."  Well, I think that's kind of interesting and I riff on it on the episode.

We hope you enjoyed playing along with TTTBE; there's more analysis forthcoming in Epsiode #31, and Question #5 will drop on Friday along with Episode #32!  Keep playing!