Equitable relief and torts

Question 1

waste

Answer 1

Some sort of permanent and/or at least substantial impairment of property committed by someone who has the right to be possession of property and a duty to a party with a reversionary interest.

May be voluntary or permissive waste

Old CL rule was that any change was waste. New trend is when the character of the property changes, so does the character of the use.

Question 2

Voluntary waste

Answer 2

Active or affirmative acts destroying the land (such as stripping a mine).

Injunction more likely to be granted here because it is presumed to be intentional.

Question 3

Permissive waste

Answer 3

Allowing property to deteriorate or failure to keep it in good repair.

Recovery is usually damages sought at the end of the tenancy because that’s when damages can best be calculated. However, an injunction may issue if tenancy is so long that there will be nothing left at the end.

Question 4

Balance for waste actions

Answer 4

Balance the tenant’s right to reasonable use of the land v. reasonable interest of successor.

Question 5

Methods of calculating waste damages for remedy at law

Answer 5

Dimunition of value - difference in fair market value before and after waste; OR

Cost to compensate - Cost of restoration or repair

Question 6

Trespass

Answer 6

an intrusion that invades the possessors protected interest in exclusive possession. Can be visible or invisible pieces of matter (think boulder case). Can even be energy if can be measured by a physicist. No actual damage required.

Equity will apply in cases like the boulder case, wall case, and woman in nursing home because remedy at law is not adequate. Also, remember the case involving beach house on registered land (the outer limit).

Question 7

Nuisance

Answer 7

An interference with a person’s right of quiet enjoyment and use of his land. Easier to obtain injunctive relief for nuisance. Requires substantial harm.

May be a public or private nuisance. May also be nuisance per se or nuisance in fact.

Question 8

Public nuisance

Answer 8

one that affects the public in general (health, morals, and general welfare) State must bring an action. Think a crackhouse or whorehouse.

Question 9

Private nuisance

Answer 9

Dispute between landowners. Each person is using his land, but invades the quiet enjoyment of another’s land.

Question 10

Nuisance per se

Answer 10

Nuisance as a matter of law. Injury is certain to be inflicted. Generally a public nuisance.

Question 11

Nuisance in fact

Answer 11

Injury is uncertain and contingent until it occurs. Consider the context. It may be the right thing in the wrong place.

Question 12

Anticipated nuisance rule

Answer 12

court will not enjoin an anticipated nuisance unless these sufficient evidence that its a nuisance per se or shows immediate harm.

Question 13

Conversion

Answer 13

The intentional, wrongful acquiring, altering, damaging, transferring, using, or withholding of (exercising the dominion and control over) the personal property of another.

Question 14

Equitable replevin

Answer 14

Equity orders the return of the chattel. Similar to SP of K.

Question 15

Doctrine of Pretium Affectiones

Answer 15

Chattel bears sentimental and immeasurable value. There must be proof of special affection before this doctrine will be invoked. The effect is to invoke equity.

Consider ancestry: are there any prior acts that would indicate to others a subjective feeling of special affection.

Question 16

Replevin

Answer 16

At law: provides specific relief for tortious taking of personal property. Orders the sheriff to seize and return.

Compare to demand requirement when taking was tortious. No requirement to demand property back when taken via tortious conduct. Courts are divided over question as to if demand is first required to be made of an innocent 3rd party purchaser.