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4 Cards in this Set
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#3 PMBR wrkbk
Strict Liability, abnormally dangerous or ultrahazardous activity. A chemical co. explodes because of lightening strikes, and fibris from the chemical co. damages the neighbor's house and property. |
Strict Liability applies even if the harm is caused by an unpredictable force of nature, such as lightning.
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#10 PMBR wrkbk
A person tries to dock his boat on A's property. There is a storm and A does not want the boat to damage his property so refuses to allow boat & person to dock there. Person goes out to sea, boat & person are damages. Can Pltf recover against A for dmgs to boat and for personal injuries? |
Yes. A defender of property can be held liable for using force to prevent entry of someone who is actually privileged to intrude.
Here, the boat owner was privileged to dock his boat on the resident's property because of the impending storm. Conversely, the resident was NOT entitled to prevent the boat owner from intruding upon his property. Therefore, resident will be subject to liability for the boat owner's personal injury, as well as for the damage to the boat. |
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#4 PMBR wrkbk
Which cause of action would afford the maximum recovery? Trespass to chattels, conversion or negligent infliction of emotional distress? |
Negligent infliction of emotion distress, because this claim would give pltf a chance to recover for her emotional distress and the damages might be higher than the $500 value of the cat.
- not trespass to chattel, bc that claim would be meansured by the diminished value of the chattel. |
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#11 PMBR wrkb |
Trespass to Land
and Injunction with Nuisance |
