rules and key points Flashcards
defenses to trespass in common law
- necessity
- consent (implied or express)
- public policy
implied warranty of habitability
implied guarantee that if you own a property and are leasing it, the property have to be habitable
limits on absolute dominion
when you invite people on your property to live, you don’t gain absolute dominion - even if contracted
right to exclude - general rule
when owner have not opened up their land to other, they have the right to exclude
what is an absolute defense to adverse possession?
giving permission for someone to use your land is an absolute defense because there is no longer “adversity”
fairness argument
- what obligations do humans have to each other?
- damages based on righting a wrong are to restore fairness
utility argument
- what types of behavior will this incentivize in the future? ex. maximizing social welfare, general welfare
- damages intended to deter others is a utility argument
trespass remedies
- market value
- diminution of market value
- restoration costs would be appropriate when diminution or market value is unavailable or and unsatisfactory form of damages
the offer-ask issue
entitlement will end up in the hands of the people who value it most
complication with offer-ask issue
what you would pay someone for something you owe is greater than what you would offer if you didn’t have it
Opposite of right
duty
opposite of privilege
no right
