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Lecture 12

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Department
Commerce
Course
COMM 300
Professor
Paul Lester
Semester
Winter

Description
- Dakota sued Mariah for the tort of occupiers' liability in a jurisdiction that still used the traditional common law rules (as opposed to the judicially modified common law rules). The court held that Mariah was required to protect Dakota from unusual dangers that she should have known about. It therefore is most likely that Dakota was classified as a o Invitee - Generally speaking, there are three sets of rules for the tort of occupiers' liability: the traditional common law rules, the judicially modified common law rules, and the statutory rules. Which of the following statements is TRUE o Under the judicially modified common law rules, an occupier must protect both licencees and invitees from unusual dangers - The rules that apply under occupiers' liability statutes are different from the traditional common law rules in a number of ways. Which of the following statements is TRUE o An occupier may be held liable for the activities of a third party under the statutory rules, but generally not under the traditional common law rules - Ethan lives next door to Destiny. Which of the following activities might be considered a non-intrusive nuisance o Ethan sells drugs out of his house and thereby attracts criminals to the neighbourhood - Isaac lives next door to Gabrielle. He operates a gun shop and firing range on his property. Gabrielle complains that Isaac's business creates a nuisance. In deciding whether or not Isaac's use of his own land is unreasonable, a court would be most influenced by which of the following factors o the fact that bullets from the firing range occasionally shoot across Gabrielle's land - The Northwest Utility Co (NUC) received statutory permission from the government to lay electrical cables under residential properties. Ariana suffered severe injuries when she struck a buried cable while gardening. If Ariana sues for the tort of nuisance, NUC will be able to avoid liability on the basis of the defence of statutory authority o only if a nuisance was the inevitable result of performing the statutorily authorized activity - Bryce consistently commits the tort of nuisance against Aaliyah. She wants an injunction to stop him from doing so. Which of the following statements is TRUE o none of the above - Faith lives
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