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Lecture 12

lecture 12.docx


Department
Commerce
Course Code
COMM 300
Professor
Paul Lester
Lecture
12

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- 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 next door to Alphonse. He has sued her for committing the tort of nuisance.
Which of the following statements is TRUE?
o Alphonse's claim will fail if Faith proves that he consented to her activities
- Rex has sued Regina for the tort of Rylands v Fletcher. To succeed in that claim, he will
be required to prove that
o none of the above
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