IV.C. Preservation of Property | Jonathan Zittrain | December 21, 2012

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IV.C. Preservation of Property

by Jonathan Zittrain Show/Hide
  1. 1 Show/Hide More Ploof v. Putnam -- "The Private Island in a Storm"
    Original Creator: Jonathan Zittrain
    In order to accommodate plaintiff’s need to protect his/her own life or property, should society privilege him/her with the right to interfere with another’s property?
    Notes:
    Plaintiff, his wife, and children were out on a lake in plaintiff’s boat during sudden storm. In order to avoid the risk of harm to his family and property, the plaintiff moored his boat to the defendant’s private island in the middle of the lake. Defendant’s servant unmoored the boat, causing the boat to be destroyed and casting the plaintiff, his wife, and children into the water.
  2. 2 Show/Hide More Vincent v. Lake Erie Transp. Co.--"The Boat-Slamming-Against-the-Dock Case"
    Original Creator: Jonathan Zittrain
    Should defendants be privileged in protecting their own property at the expense of another’s property? If so, does the court “demand” anything from the plaintiff in exchange for the privilege?
    Notes:
    Defendant’s vessel was trapped in a harbor due to a violent storm. Rather than risk his boat being destroyed, defendant repeatedly tied and retied his boat to the plaintiff’s dock, despite an awareness that his boat was smashing into and damaging the dock.
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