Business Law Assignment: Case Analysis - Rowleys v. Dimmick

This business law assignment presents a case study involving a trespasser, Dimmick, who entered the Rowleys' home under duress and later attempted to sue them for breach of contract after they provided him with shelter. The assignment analyzes the legal arguments for both parties, considering criminal trespass, negligent infliction of emotional distress, and the validity of any contract formed under duress. The student argues that the Rowleys are likely to win due to Dimmick's initial actions and the lack of free consent in the alleged contract. The assignment also explores the perspectives of other attorneys and provides a comprehensive analysis of the legal issues involved, referencing relevant case law and legal principles. The assignment highlights the complexities of contract law, particularly when illegal actions or duress are involved, and the potential outcomes in such situations.

Running head: BUSINESS LAW ASSIGNMENT
QUESTION-ANSWER
Name of the Student
Name of the University
Authors Note

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1.
Possibility of Rowley’s winning
Civil and criminal, both consequences are included in trespassing. An owner can sue
someone who enters their property either land or house without permission. The trespasser may
also be punished in the meantime. To give punishment a trespasser, the prosecution needs to
prove that the defendant has knowingly entered the property of someone without permission or
remained thereafter he or she was ordered to leave. Usually, criminal trespass is not regarded as
to be a serious crime. In certain nations, it might not even be prosecuted as a felony, but rather as
a violation1. The essential component of trespass is that the defendant knows the fact that he/she
is not allowed or legally entitled to enter the property. However, there are certain exceptions to
this case. In Hester vs. the United States [1924] 265 U.S. 57 case, is had been held by the court
that only the police officers have the authority to enter into an individual’s property for searching
or investigation without a warrant.
In this case, Dimmick entered the house of Rowleys illegally by giving threatening.
However, Rowley successfully gained the faith of Dimmick, escaped from his house and
complained to the police about Dimmick and sued him for trespass along with negligent
infliction of emotional distress. Usually in the U.S., the punishment of trespassing is very
nominal which involves a fine of $25 which may extend to $1000. However, here Dimmick not
only has committed the offense of trespass by escaping from police custody and entering into
Rowley’s house but also kidnapped them by showing a knife. Thus, I believe that by showing the
1 Mitchell, John Hanson. Trespassing: An inquiry into the private ownership of land. University Press of New
England, 2015.

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degree of the crime committed by Dimmick, the court may give its decision in favor of
Rowleys.
2.
Possibility of Dimmick’s winning
The law says that a contract is regarded to be an agreement that is made between two or
more individuals or organizations to established contractual relations. A contract can be made
either verbally or in writing to keep commitments. A valid contract must contain certain essential
elements, such as offer and acceptance, consideration, intention to create lawful relation, and the
capacity to enter into a contract. Apart from these elements, some other elements make a contract
valid. The first important thing is that the consent of the parties must be free from coercion,
undue influence, fraud, misrepresentation, and mistake. Another important thing is a contract
cannot be made with an illegal object, for example, a contract for killing a person is not a void
and null contract2.
In this case, Dimmick entered in Rowleys property illegally by giving him threatening to
finish his life. However, when Rowleys sued Dimmick he also sued Rowleys on the ground that
Rowleys violated the contract made between them. In the court, Dimmick told that he was being
followed by some people who appeared to be police and wanted to kill him and he also informed
about the same to Rowleys and his wife. Dimmick also requested them to hide him as he was
concerned about his life and for this help he offered Rowleys a huge amount of money which
was also agreed by Rowleys through a verbal agreement. Despite this information given by
Rowleys, I believe that Dimmick cannot win the lawsuit because the consent of Rowleys
2 Knapp, Charles L., Nathan M. Crystal, and Harry G. Prince. Problems in contract law: Cases and materials.
Aspen Publishers, 2019.

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regarding helping him was not free. Dimmick forcefully by showing a knife got this consent
from Rowleys. Moreover, he has already committed a crime of murder and escaped from police
custody in Colorado.
3.
Encouraging Rowleys to sue Dimmick
If I was an Attorney of Rowleys in this particular case, definitely I would encourage
Rowleys to sue Dimmick because Dimmick wrongfully entered into his house, stay there for a
long time by giving threatening of life. Here, Dimmick has committed the crime of trespassing,
kidnapping and being a murderer he also forcibly gained permission regarding his staying at
Rowley's house. Rowleys permitted him but his consent was not free and he did not know the
fact about Dimmick’s crime. Therefore, Rowleys could sue Dimmick by claiming compensation
for criminal trespass along with negligent infliction of emotional distress.
4.
Response to other views
Comment 1
I believe that Rowleys will win their case against Dimmick despite giving food and
shelter to Dimmick because they did so out of fear of life. I also believe that Dimmick will not
win this case against the Rowleys despite giving several explanations because he was asking for
help from Rowleys by showing them a knife. If I was an attorney and representing Rowleys, then
I would recommend them to sue Dimmick because the situation portrayed by him was false and
the contract which was made by him with Rowleys was not enforceable because the consent was
not free.

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Comment 2
I believe the Rowleys will win the lawsuit as they are the victims and they have made all
the decisions under fear of losing life because they were under knifepoint. I do not think that
Dimmick will win the case because he is the kidnapper and also provides false information to
confuse the judges. Being an attorney I would not encourage the Rowleys to sue because
Dimmick is already accused of killing a person and running from police, which means he is not
in a position to pay damages.

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Reference
Knapp, Charles L., Nathan M. Crystal, and Harry G. Prince. Problems in contract law: Cases
and materials. Aspen Publishers, 2019.
Mitchell, John Hanson. Trespassing: An inquiry into the private ownership of land. University
Press of New England, 2015.