LAW 122 Lecture 5: Day 5 - LAW 122 - Note 6
Document Summary
Statutory authority: defendants nuisance was an inevitable result of compliance with the statute- airports damages for loss of value to property injunction to stop interference but only under certain circumstances. Overall social good must be considered legal issue: did hey commit nuisance. test: nuisance interference, unreasonable are there defences? statutory authority. can"t use the tho. High caution and high risk duty of care why should the defendant care? physical proximity- swinging golf club standard of care. How should the defendant care? you hit someone cuz you don"t pay attention causation who should care? connection between defendants actions and injury suffered by plaintiff yeah you hit someone cuz u were careless. All three elements must be met to impose liability for the tort of negligence you agreed to take risk. What@@