Week 1 Flashcards
Jacques holding
Nominal damages but still okay to win punitive damages
Jacques says that proving trespass does not ___
require harm
Jacques says a person in _____ has a right to bring a trespass action
constructive OR active possession
Jacques treats refusal to enter property as ___
absolute right, don’t need reasonable basis
Reasons for punitive damages in Jacques
(1) actual harm not damage to land but lost right to exclude others
(2) preserves integrity of legal system
(3) protect privacy in way trivial fine wouldn’t
(4) prevent self-help
(5) commercial aspect
Jacques does not mention right to exclude as ___
incentive to maintain/enhance
Why is Jacques worried about the commercial defendant
(1) could be repeat player
(2) express denial of permission
(3) anti take and pay
Hinman is about ___
one man vs. celebrity airport
Hinman holding
Despite ad coleum, H not entitled to injunctive relief. LO owns as much of space above him as he actually uses it, everything else belongs to the world
Hinman suggests that ad coleum is limited when the owner ____
is not using the space and suffers no harm
Butler is about ___
telephone company strings wire over land
Butler holding
Company must tear down line
American courts have also said swinging crane on land ____ trespass
is NOT
Butler reasoning
(1) wire fixed, but airplanes move
(2) maybe certain level above and below not in possession but have right to possess
(3) wire interferes with right to possess in the future
RST: Private nuisance only if conduct is a legal cause of invasion in ____ and invasion is either a) ____ or ______
private use and enjoyment, intentional and unreasonable, unintentional and otherwise actionable
Unreasonable under RST means ___
social harm of activity outweighs social utility
Invasion is intentional if ____ or ____
acts for purpose of causing, or knows/substantially certain
Trepass requires ___ and ___ but NOT ___
intentionality, tangibility, Reasonableness
Trespass is an ___ strategy
exclusion
Nuisance requires ____ but not ____
reasonableness, intentionality or tangibility
Examples of mini trespass not being required for nuisance
Pole in Hinman, well in Stalnaker
Stalnaker is about __
septic tank battle
Stalnaker holding
S made a reasonable use of his property by putting in septic tank
Stalnaker nuisance rule
Nuisance is (1) intentional (2) unreasonable and (3) results in some sort of harm
In Stalnaker the actual injury is ___
the regulation (but suing person who triggers the regulation)
Problem with CBA/RST approach for nuisance
expensive and requires expert witnesses not present in garden variety case
In Stalnaker, the ___ are pretty equal but S wins because ___
social value pretty equal, he got to it first
In Stalnaker, unreasonableness is a ____
balancing test resolved by balancing interests of the parties
Pardee is about __
timber on land cut
Pardee holding
Damages would be inadequate so injunction awarded.
Pardee rule
Courts will generally award equitable relief only when the presumptive form of relief “at law” is inadequate
Pardee reasoning
(1) Can’t reassemble cut trees
(2) Equity protects rights in land and trees part of the land
(3) change in social norms (old rule cutting trees was doing a favor)
Pardee says that stare decisis is _____ so as to ___
especially strong in property, not disrupt rights
But why does Pardee not ultimately follow stare decisis
changing relief does not disrupt property rights, it actually reinforces them by preventing take and pay
