Exam 19: Torts Connected With Land

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When can a private citizen sue because of a public nuisance?

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when the private citizen has suffered in a way that is different in kind from the suffering of every other member of the public affected by the nuisance

Gabe is an adult.Ignoring a "Keep Out" sign, he climbs over a fence in Greg's yard.While walking in the yard, Gabe falls into a hole that Greg had dug for the foundation of a large shed he was building in the yard.To Greg's knowledge, this is the first time anyone has trespassed in his yard.Gabe sues Greg for negligence ________.

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B

A licensee has the express or implied consent of the occupier to enter and use the land for the licensee's purpose.

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True

When can you exercise the privilege to abate a nuisance?

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MATCHING -one over whom the landowner cannot control the method or administrative details of how the work is performed

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MATCHING -one who confers a benefit on the driver

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MATCHING -one who enters land without consent

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It is possible for a private citizen to have standing to sue someone who has committed a public nuisance.

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Distinguish between private and public nuisance.

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What is social value?

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MATCHING -tenant

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MATCHING -unreasonable interference with use of private land

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MATCHING -apportioning damages according to fault

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What duty is owed to licensees?

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Land consists of the ground surface and that portion of the airspace above the surface over which you can claim reasonable beneficial use.

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What interest is protected by the tort of trespass to land?

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Trespass to land cannot be committed by a person who makes an honest mistake about his or her right to enter the land.

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MATCHING -remedy designed to prevent or stop an interference

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MATCHING -corrective steps not involving the court system

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What duty is owed to invitees?

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