Lesson 4

Question 1

Provide examples of the three types of trespass, and explain the three major characteristics of that tort

Answer 1

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Question 2

Explain who can sue for trespass

Answer 2

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Question 3

List the defenses to trespass

Answer 3

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Question 4

Explain what remedies are available to the victim of trespass

Answer 4

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Question 5

Describe private nuisance

Answer 5

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Question 6

Compare nuisance and trespass

Answer 6

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Question 7

Discuss the significance of the occurrence of physical damage in an action for nuisance

Answer 7

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Question 8

Name who is liable for nuisance

Answer 8

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Question 9

Describe the valid defences to nuisance and be able to give examples of two or three excuses that are not valid defences

Answer 9

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Question 10

Explain what remedies are available to the victim of nuisance

Answer 10

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Question 11

List the three elements of negligence and give an example of negligent act which might arise in a real estate licensee’s daily activities

Answer 11

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Question 12

Discuss the principles of vicarious liability and its significance to real estate licensees

Answer 12

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Question 13

List the elements of negligent misrepresentation and given an example of this tort

Answer 13

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Question 14

Describe the tort of deceit and distinguish between deceit and negligent misrepresentation

Answer 14

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Question 15

Describe the liability of an occupier at common law to each category of entrant upon land

Answer 15

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Question 16

Explain how the Occupiers Liability Act has altered the common law, and give an example of how a real estate licensee might incur liability under this Act

Answer 16

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