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5 Cards in this Set

  • Front
  • Back
Liability of landowners
a) obligations of neighborhood
b)strict liability
c) negligence
obligations of neighborhood
(may not deprive neighbor of his right to enjoy property or cause him damage)
A landowner may not deprive his neighbor of the right to enjoy his property or cause him damage.
1. knew or should've know activity would cause damage
2. damage could've been prevented by reasonable care (causation); and
3. he failed to exercise reasonable care
Exclusively specified ultrahazards
(strict liability)
Pile driving or blasting with explosives.
Liability for the owners of buildings
The buildings owners is answerable for damages when:
a)He knew or reasonably should've known of the vice or defect
b)the damage could've been prevented by reasonable care (causation); and
c)he failed to exercise reasonable care
KEY: building, ownership, ruin, reasonably discovered and fixed.
Owner of a defective thing
liable if:
1)he knew or reasonably should have known of the defect
2)the damage could've been prevented by reasonable care
3)failed to exercise reasonable care