LAW 122 Lecture Notes - Lecture 4: Legal Tests, Objective Test, Contributory Negligence
17 Nov 2016
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Trespass to property: )njury happens on plaintiff"s property, problem starts on the defendant"s land which interferes with the enjoyment and use of the plaintiff"s land (cid:523)starts on defendant"s land, experiences on plaintiff"s side(cid:524) Occupier"s liability: )njury happens on the defendant"s land. You have the responsibility to keep people and their stuff safe unless there is assumption of risk. You as an occupier must take reasonable care to keep people and their stuff. ** the defendant"s interference has to be unreasonable. 3 types of nuisance: physical nuisance. The way the defendant uses it"s property physically damage to other people"s property. Interference with the use and enjoyment of the property: ex chickens (creates a stench, music (playing music loud at 3am) Nature of the neighborhood: if you live in the country, don"t complain that it smells like manure, if you live near clubs, don"t complain that it"s too loud. Time and day of the interference: cranking music at 3am vs. 3pm.
