LAW 122 Lecture Notes - Lecture 4: Tony Twist, Damages, Punitive Damages

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Patricia Hania

Document Summary

P: peter improperly and intentionally interfered w/ her land by extending his pond on to her property without consent or legal authority. A: no consent to go on her property: elizabeth refused to give her consent to that plan. Peter is not a legal official, public official (such as a meter reader), and peter attempted to purchase the land, but she rejected therefore there is no legal authority. C: sufficient evidence based on the facts of trespass to land. She did not consent to the pond on her land. Therefore, i can conclude that elizabeth would be successful in the tort of trespass. Compensatory damages could be available to elizabeth as damage was done to the land, as well as punitive damages. Injunction is also possible if the construction of the pond is still in progress, to get the pond filled in: differe(cid:374)t o(cid:374)es (cid:455)ou (cid:272)a(cid:374) ask for a(cid:374)d the (cid:272)ourt (cid:449)ill de(cid:272)ide (cid:449)hat"s appropriate.