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11 Cards in this Set
- Front
- Back
A claim from the decadents estate or legal representatives based on negligent death.
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1. wrongful death claims P 67
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A substantial, unreasonable interference by the defendant occurs and which affects the plaintiff's reasonable use of land.
An unreasonable interference with the community's health, safety, welfare, property rights and interests. |
private nuisance
public nuisance pp. 65 |
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Nuisance, like products liability is not a separate tort, since it is based on other recognized categories of traditional torts. Nuisance claims are based upon intentional torts, negligence, and strict liability sometimes referred to as ___________.
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3. nuisance per se p. 62
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Laws that permit tort claims to continue, i.e., survive past the death of the party.
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4. survival acts p.67
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A special duty put upon the owner of property concerning "infant trespassers" when there is a dangerous condition on the property that will attract youthful trespassers.
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5. attractive nuisance p.63
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Assumption of risk defense when the defendant property wasn't considered a nuisance until plaintiff relocated near the defendant (under the present majority rule, this is not a valid defense).
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6. moving to the nuisance
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Another term for young trespassers.
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7. infant trespassers
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Give an example of A public nuisance
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company dumping toxic waste in a river
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Give an example of An attractive nuisance
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abandoned well shaft
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Give an example of A wrongful death claim
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The Ron Goldman v. Simpson case
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Give an example of A survival act claim
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Heirs proceeding with deceased’s nuisance case
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