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Faith Lives Next Door to Alphonse

Question 76

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Faith lives next door to Alphonse.He has sued her for committing the tort of nuisance.Which of the following statements is TRUE?


A) Alphonse's claim will fail if Faith proves that he consented to her activities in that he did not merely fail to complain but he encouraged the activities.
B) Faith cannot be held liable unless she actually caused something to touch Alphonse's property.
C) Because nuisance is a strict liability tort,the law is concerned with Faith's motivation for acting as she did
D) The claim in nuisance will probably be successful if Faith decorated her house in a way that detrimentally affected the market value of Alphonse's property.
E) Nuisance is a strict liability tort to which there are no defences.

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