tort class notes 3,10

tort class notes 3,10 - Court considers locality in...

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Cont boomer v atlantic cement (p 792) Similarity between peters case dissent and this dissent. There said there should be a damage award and person on others land would have to buy the land and the owner would have to sell it, as opposed to rip down your house. That is like whats happening in cement case. Majority saying plaintiff wil have to sell pollution easement to cement company. No exactly the same, here affecting other people. Dissent concerned about decrease in pressure on the cement plant in decreaseing the pollution. Also court is licencing a continuing wrong. Simieler case where govt allows aomeone else to exheret a right on your property that negatively against the property owners rights. Necessity – allow tie up boat on dock, although interfr with owners property rights. Case: Black shop out there, and suddenly a land owner builds land next to me and develops residential area. And town far away. So before he came I was fine, but now im interrupting the people next door – should fact make a diff?
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Unformatted text preview: Court considers locality in deciding if locality fine in reasonale. So that factor amy make that activity unreasonable. Court made the guy move but told the landowner developer you need to pay for some of the costs. Ultrahazard activities Traditionsal strict liabilities a. animals b. abnormal dangerous. a. domestic animals sheep ate plaintiffs grass strict liability for wandering livestock. Only liabel only fo that damage you would expect it to do. If fo some reason the sheep goes mad and bites landowner- not liabel for the bit ( based on assumption no normally bite.) 2 exceptions cats and dogs. Dog escapes and killes and eats your chikens ( assuming dogs do that) for them no strict liability 2) no damage to plaintiffs livestock when wanders off from road and damage is close to the road. If live stock goes on my land and hurts a trespasser no casue of action. Dangerouse animals lion comes and bites a trespasser on my land, under dangerouse rule, yes....
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This note was uploaded on 05/05/2008 for the course LAW 1 taught by Professor Hollister during the Fall '04 term at Fordham.

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tort class notes 3,10 - Court considers locality in...

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