California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
A commercial drone operator was flying a drone over a private farm to capture aerial photographs for a client. The drone was flying at an altitude of 50 feet. The farmer, without warning, used a high-powered water cannon to shoot down the drone, causing it to crash and be destroyed. The drone operator had not sought permission to fly over the property. Which defense is the farmer LEAST likely to successfully assert against a claim of trespass to chattels or conversion for the drone?
- ANecessity
- BSelf-Defense
- CNone of the above, as the farmer acted unlawfully.
- DDefense of Property
Show answer & explanationAnswer & explanation
Correct answer: B. Self-Defense
Self-defense protects against imminent personal harm, which is not present in this scenario. While the farmer might attempt Defense of Property (to repel an aerial trespass) or potentially Necessity (to prevent immediate harm to crops, though less likely given the altitude), Self-Defense is clearly inapplicable as there was no threat of physical harm to the farmer.
Why the other options are wrong
- A. Necessity might be argued if the drone posed an immediate threat to, for example, livestock or crops, but it's a stretch given the altitude and photographic purpose.
- C. This option is too broad; the farmer might have a partial defense, even if ultimately unsuccessful, or at least a more plausible one than self-defense.
- D. Defense of Property could be argued, as the drone was trespassing, but the force used (destroying the drone) might be considered excessive for mere aerial trespass.
Defense of Property (Torts)
A defense to intentional torts allowing reasonable force to prevent or terminate an intrusion upon one's land or chattels.
- Force must be reasonable and not cause serious injury or death (unless there's also a threat to personal safety).
- Cannot use force to regain property after it has been taken, only to prevent its taking or to stop ongoing trespass.
- A request to desist is generally required before using force, unless futile or dangerous.
Memory trick: Prop-Need: Property needs defending, but reasonably.