Torts Outline 2 - Torts Outline 1 take his past exams he recycles questions 2 read the notes in the casebook he gets questions from them Tort= the doing

Torts Outline 2 - Torts Outline 1 take his past exams he...

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Torts Outline 1) take his past exams he recycles questions 2) read the notes in the casebook he gets questions from them Tort= the doing and suffering of wrong and asking for compensation Act wrongful in 3 ways: 1) intentional wrongdoing 2) negligence 3) strict liability N U I S A N C E Nuisance: a substantial and unreasonable interference with the use and enjoyment of the property such that would disturb the ordinary person in the community. 2 year statute of limitation. Private Nuisance: An interference with an individual’s right to reasonable private use and enjoyment of his personal property. Interference must be significant. Hypersensitive / Special needs: courts will favor the more general use. This involves looking at peoples legal rights, as well as taking the locality standard into consideration. Rogers v Elliot : Ones use in property may be unlawful if it causes annoyance to reasonable people in the vicinity who are similarly situated. Here, Rogers was hypersensitive to the bell, and was not awarded damages. fairness and social good for everyone Fountainbleau: A landowner must only use his property in a manner that does not injure the legal rights of another. Here, nobody has a legal right to sunlight and fountainbleau lost if they could show malice they may have won, but they were not able too because there were other reasons 45-25 would put the structure up Amphitheaters: A landowner must only use his property in a manner that does not injure the legal rights of another, even if there is substantial damages. Here, amphitheaters was losing a ton of money because of the racetrack, but it was deemed to be the sensitive party and therefore could not recover.
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again, if they could show malice they would have a good case but malice is hard to prove. Appleby: Locality standard will play a factor. Injunction should be remedy if the nuisance would continue. Here, the smell is a nuisance because it causes a material discomfort to the people in the community. injunction was deemed appropriate because nobody should submit to such a major annoyance for a minor sum of money. Economic Analysis: Damages is the agreement to bare a nuisance for money. Everyone has an indifference point. (Indifference point + $1 = possible settling point.) The court chooses to avoid the more serious harm. Unreasonable- *Gravity of harm must outweigh the social utility, harm is significant and burden to (D) is not to high. Bamford: A defendant who causes a nuisance to a plaintiff through the use of his or her property may lawfully continue his actions if they are for public benefit, but must compensate the plaintiff for any intrusion into the plaintiff’s use of his or her land. Spur: When the public develops land in the vicinity of a public nuisance, the action creating the nuisance must be ceased by the party responsible for its creation, however, said party is entitled to compensation.
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