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Real estate law RELChapter12Overview

Real estate law RELChapter12Overview - MANAGEMENT 4803...

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MANAGEMENT 4803 LEGAL ASPECTS OF REAL ESTATE COLLEGE OF MANAGEMENT GEORGIA INSTITUTE OF TECHNOLOGY PROFESSOR LUCIEN J. DHOOGE OVERVIEW OF CHAPTER 12 Chapter 12 is primarily concerned with the relationship between the law of torts and property law. A tort is a wrongful act that results in physical or mental injury or damage to the property of another. There are three basic types of torts. Intentional torts are defined as voluntary acts engaged in by a defendant, which are the factual and legal cause of injury to another. Negligence is defined as a tort in which the defendant breaches a duty of care owed to another person. This breach of duty must be the factual and legal cause of the plaintiff’s injury. Finally, strict liability imposes an absolute duty of care upon the defendant who is consequently responsible for any injuries resulting from a breach of such duty. There are two primary intentional torts relating to real property. Trespass is defined as an unauthorized intrusion upon the real property of another. Entry may occur through an actual coming upon the property with or without
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