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9 Cards in this Set
- Front
- Back
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Nuisance |
an act that unreasonably interferes with Plaintiff's interest in real property; not physical interference. Ex. odor, light, noise, vibrations |
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Duress |
A defense for all torts; occurs when physical safety is threatened by bodily injury or economic distress |
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Private Nuisance vs. Trespass to Land |
one refers to interference of use and enjoyment of private property the other refers to physical interference |
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Assault vs. Battery |
one refers to the threat of (eminent) harm or offensive touching the other is the actual harm or offensive touching |
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Affirmative Defense vs. Immunity |
One mitigates or releases defendant's liability even though all elements are provable the other releases defendant's liability completely due to the defendant's status, title or position |
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2 Ways that Transferred Intent Applies |
1. intent to commit an act on one person is transferred to another person; 2. defendant's intent to commit one tort is transferred to a second tort accidentally committed. |
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Best Remedy for Continuing Nuisance |
Injunctive Relief |
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When is deadly force allowed? |
To stop a deadly threat. |
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What "intent" is needed for Trespass to Land? |
Intent to enter property without consent |
