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Torts FYLSE > Page 4 > Flashcards

Page 4 Flashcards

0
Q

If you lawfully enter land, and then stay even though you have a duty to leave, what have you committed?

A

Trespass to land

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1
Q

If you believe the land is your own, can you be guilty of trespass to land?

A

Yes

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2
Q

What is a person liable for if they commit a trespass to land?

A

Any damage that happened while they are trespassing to either person or property, even if it wasn’t foreseeable

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3
Q

If you trespass on land and someone has a heart attack because of the confrontation, are you liable for that heart attack?

A

Yes, because you’re liable for harm to persons or property even if it wasn’t foreseeable

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4
Q

What must the physical invasion be for trespass to land?

A

Something of substance (more than noises or smells)

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5
Q

Can an airborne pesticide count as an invasion for trespass to land?

A

Yes, as long as actual harm results

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6
Q

When is a trespass complete?

A

When you intentionally intrude

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7
Q

What is the property doctrine of easement?

A

Possessor has ownership but allows a prerogative for someone else to enter below the surface

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8
Q

What is an example of the property doctrine of easement?

A

Government lays tracks under your land

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9
Q

How are airlines related to trespass to land?

A

You can’t sue them unless they cause injury because navigable airspace is for public use

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10
Q

How much right does the landowner have to the air above his land?

A

The immediate reaches above the land (usually the airspace below the minimum flight altitude, or lower than 50 feet)

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11
Q

What are all of the types of damages that can be collected for trespass to land?

A
  • nominal
  • physical
  • compensatory
  • injunctive
  • punitive
  • extended liability
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12
Q

What are nominal damages for trespass to land?

A

Defendant is liable for at least nominal damages even if no physical harm is done, because he intruded on the plaintiff’s right to exclusive possession

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13
Q

How do you measure physical damages for trespass to land?

A

If land is harmed, damages can be measured by either:

  • the cost of repair, or
  • diminution in the value of the premises
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14
Q

What are compensatory damages?

A

Given for the loss of use of land and for emotional distress or annoyance caused by trespassers

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15
Q

What is injunctive relief for trespass to land?

A

Injunction to:

  • stop the trespassing
  • force defendant to leave the land
  • remove something placed on the land
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16
Q

What are punitive damages for trespass to land?

A

Awarded if trespass is deliberate or malicious

17
Q

What is extended liability for trespass to land?

A

Defendant is liable for damages directly caused by his trespass, even if he didn’t intend them or foresee them

18
Q

What is an example of extended liability for trespass to land?

A

If you throw a cigarette into a puddle of gasoline and it burns the barn, you are liable because you trespassed on the land

19
Q

What is nuisance?

A

An unreasonable substantial interference with the use and enjoyment of plaintiff’s land

20
Q

What are different interferences that would be considered a nuisance?

A

Intangible intrusions like noise, vibrations, odor, light

21
Q

What are the things to consider when figuring out if a nuisance is taking place?

A
  • nature of the locality
  • who was there first
  • the amount or extent of the harm
  • value of the undertaking
22
Q

What must the plaintiff prove in order to have nuisance?

A

An injury and substantial damages

23
Q

If a person is unusually sensitive, and an activity disturbs him, but wouldn’t disturb a normal person, does he have a nuisance claim?

A

No

24
Q

Is it possible to have a situation that involves both a nuisance and trespass?

A

Yes, like blasting

25
Q

What is a continuing nuisance?

A

Something that continues but could be stopped at any time. Ie: particulate airborne matter from a nearby plant

26
Q

What is a permanent nuisance?

A

Interference or intrusion that has no ready means of elimination

27
Q

What are the elements of nuisance?

A
  • volitional act
  • intentional/unintentional conduct
  • causation
  • unreasonable/substantial interference
  • current possessory interest
28
Q

What acts by the defendant are required for nuisance?

A

An actual act must occur, because the landowner has no duty to avoid harm to neighbors for natural conditions

29
Q

What is an example of a situation that would not be considered a nuisance because there was no act by the defendant?

A

Mosquito infestation from natural water pooling on defendant’s property

30
Q

What does “substantial” mean for nuisance?

A

If normal people living there would consider it offensive, seriously annoying, or intolerable

31
Q

If something is minimally annoying and only a grouchy neighbor would object to it, can that be a nuisance?

A

No, it must be intolerable

32
Q

What is considered unreasonable for nuisance?

A

If the gravity of harm outweighs the utility of the conduct

33
Q

What are some factors to consider when deciding whether a nuisance is unreasonable?

A
  • amount of harm
  • nature of the use
  • nature of the locality
  • first party on the land
  • suitability of harm to the neighborhood
  • costs to eliminate the harm
  • social benefit from allowing it to continue
34
Q

Generally aesthetic conditions on the land aren’t a nuisance if what?

A

They are run without noise or odors

35
Q

Can hideous lawn ornaments be considered a nuisance?

A

Not if they are run without noise or odors

36
Q

What is the funeral home exception for nuisance?

A

Funeral homes can be a nuisance if they are located in residential areas no matter how carefully or tastefully they are run

37
Q

Are zoning ordinances conclusive about reasonable use for nuisance?

A

No, just because they are permitted doesn’t mean they’re reasonable to the neighbors

38
Q

What is a current possessory interest?

A

The person bringing the claim must have a private physical relation to the land

39
Q

Why does it not matter whether it was intentional for nuisance?

A

Because the focus is on an unreasonable injury, not the defendant’s unreasonable conduct

40
Q

What is a private nuisance?

A

Volitional act done with requisite intent to cause a substantial and unreasonable interference with plaintiff’s use and quiet enjoyment of his or her land

41
Q

Does a P have to own the property for private nuisance?

A

No, he just needs to have lawful possession. He cannot be an employee or a casual visitor.

Torts FYLSE (61 decks)

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