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4 Cards in this Set
- Front
- Back
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Nuisance
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Type of harm (not separate tort)
May be based on strict liability, negligence or intent P must show his ability to use and enjoy his property is disturbed to an unreasonable degree Court: does the severity of P's injury outweigh the utility of D's conduct? D NOT liable for all damage caused concurrently with others (only liable for damage that it caused) NOT a defense that activity that is a nuisance started occurring before P's arrival |
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Wrongful death: who can bring action
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Personal representative or surviving spouse or next of kin
NOT creditors |
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Wrongful death: recovery
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economic injury (loss of support, loss of consortium)
NOT pain and suffering Recovery only to the extent that deceased could have recovered in action if he had lived |
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Wrongful death: defenses
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Deceased's contributory negligence can reduce or bar recovery by relative
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