BU231 Study Guide - Midterm Guide: Fiduciary, Nuisance, Contributory Negligence
Document Summary
Tort: wrong or improper behaviour that causes injury to anther person or their property. Objective of tort law is to place injured party back into the position they would have been had the improper behaviour not occurred! the improper behaviour not occurred! Identify damages the plaintiff is looking to receive ! De ne: the unlawful entering, or remaining, on the land of another without permission! Harm must be caused in order for plaintiff to bring action against defendant! If the trespasser has caused damage to the property, then the land owner can bring an action in court! 1: entering property, without consent; and, causing harm! All elements must be present for claim to go forward! Onus is on plaintiff to prove elements for the cause of action. Necessity: the right of way is impassable or no other option but to destroy property (like knocking down a building to prevent spread of re)!
