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9 Cards in this Set
- Front
- Back
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Wild Animals |
Fera Nature-Animals of wild nature or disposition Strictly Liable-responsible for all the costs and damages that the wild animal harms-there is an expectation that there is a degree of care that avoids all injury Standard of Care-take care to prevent all injury |
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Wild Animals Policy |
Uncommon/Inappropriate,low utility and dangerous Discourages owningor keeping a wild animal Encourages ownersand keepers to take all precaution to avoid injury Victims will becompensated Situations wherethere are not reciprocal risks and benefits |
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Domestic Animals |
Cows, dogs, horses-animals that can be used for household purposes The owner of a domesticated animal is liable for the injuries of another if: The animal is vicious or of a dangerous propensity The owner knew it And the owner was careless |
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Trespass to Land |
Act+Intent+Result=Trespass to Land |
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Act |
Minimal, Volitional, Movement |
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Intent |
You have topurposely or with a substantial certainty, enter the land, you have to intendthat standard Intentto enter land or causes an object or third party to do so Actual,reasonable mistakes do not negate intent Idon't have to know it is the possession or land of another |
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Result |
Entry onto the land of another |
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Restatement (Second) of Torts on Trespass |
A trespass may be committed on, beneath, or above the surface of the earth Owner is deemed to own all his land up to the heavens |
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Restatement (second) of Torts |
One is subject toliability of another for trespass, irrespective of whether he thereby causesharm to any legally protected interest of the other, if he intentionally: Enters land in the possession of the other, or causes a thing or a third person to do so, or Remains on the land, or Fails to remove from the land a thing which he is under a duty to remove |
