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Torts Outline.pdf Flashcards
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Torts Outline.pdf Flashcards
Torts Outline.pdf Flashcards
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1
Question
Does rebuilding a house with a higher wall that causes a neighbor's chimney to smoke violate the Latin maxim or common law rule of having a right to light and air for 20 years?
Answer
No, it does not violate the Latin maxim or common law rule as it was within the property bounds of the owner.
2
Question
In the case of Prah v Maretti involving solar panels blocking sunlight, was there a nuisance claim?
Answer
Yes, there was a nuisance claim. The plaintiff must endure some inconvenience without curtailment of the defendant's freedom of action.
3
Question
In the case of TH Critelli Ltd v Lincoln Trusts and Savings Co, where construction on the defendant's roof caused damage to the plaintiff's roof, was there a nuisance claim?
Answer
Yes, there was a nuisance claim. The judge considered the intentions and knowability of causing damage to the plaintiff's roof before construction.
4
Question
In the case of Hunter v Canary Wharf regarding TV transmission interference, was the interference considered a nuisance?
Answer
No, the court dismissed the case stating that something needed to be emanating from the defendant's land to constitute a nuisance.
5
Question
In the case of Shuttleworth v Vancouver General Hospital, was there an action for nuisance based on infection fears?
Answer
No, there was no action for nuisance as nuisance law requires an actual or real danger, not just potential fears.
6
Question
In the case of Laws v Florinplace involving a hard core porn shop, was an injunction granted based on nuisance claims?
Answer
Yes, an injunction was granted. Nuisance can occur when the defendant's use of property is offensive to ordinary people and residents.
7
Question
In the case of Bamford v Turnley regarding brick making nuisance claims, what was the takeaway?
Answer
The principle of give and take, live and let live applies. The court considers common and ordinary uses of property to determine nuisance claims.
8
Question
In the case of Miller v Jackson involving a cricket field next to a house, was there a nuisance claim?
Answer
Yes, there was a nuisance claim. The court assessed the balance between quiet enjoyment and community benefits of the cricket field.
9
Question
What is the issue in the case of Miller v Jackson cricket?
Answer
Is there a nuisance claim? Is there a negligence claim?
10
Question
What was Lord Denning's conclusion in Miller v Jackson cricket case regarding nuisance?
Answer
No nuisance. He viewed the cricket field as a huge public benefit to the community.
11
Question
What was the conclusion in the case of Sturges v Bridgeman confectioner regarding nuisance?
Answer
A nuisance was created based on the circumstances.
12
Question
What was the issue in the case of Tock v St Johns Metropolitan Board regarding a flooded basement?
Answer
Was the water a nuisance?
13
Question
In Tock v St Johns Metropolitan Board case, what was the takeaway regarding statutory authority and nuisance claims?
Answer
If the statute authorizes the nuisance, there is no recovery unless there was negligence and no alternative way to do the work.
14
Question
What was the issue in Antrim Truck Centre Ltd v Ontario truck stop case regarding interference with land use?
Answer
Was there a claim of nuisance due to permanent interference with the use of land?
15
Question
What was the key takeaway from Coventry v Lawrence damages case regarding awarding damages or injunctions?
Answer
The historical Shelfer rule should consider public interest and allow for judicial discretion in awarding damages instead of injunctions.
16
Question
What are the elements of negligence that the plaintiff must prove according to the structure mentioned?
Answer
Duty of Care, Standard of Care, Cause in Fact, Proximate Cause
17
Question
What is the Shelfer Rule regarding injunctions and damages substitution?
Answer
If it would be oppressive to the defendant to grant an injunction, damages may be given in substitution for an injunction.
18
Question
Why should courts be allowed to exercise discretion in granting injunctions?
Answer
Injunctions are a form of equitable remedy, and courts should be allowed to exercise discretion.
19
Question
What factors should the Shelfer Rule consider according to the text?
Answer
The public interest, such as when a business may have to shut down and employees would lose their livelihood or when many people other than the plaintiff are affected by the nuisance.
20
Question
What must the plaintiff prove in a negligence structure case?
Answer
Duty of Care, Breach of Duty by falling below the Standard of Care, Cause in Fact, Proximate Cause, and that the injury was of the right sort (injury to legal rights).
21
Question
What is the Test Cooper used for in negligence cases?
Answer
To determine if the relationship between the plaintiff and defendant gives rise to a Duty of Care, considering reasonable foreseeability and proximity between the parties.
22
Question
What are the two conceptions of reasonable foreseeability mentioned in the text?
Answer
Narrower conception (normal risks associated with the activity) and Broader conception (anything that becomes possible, no matter how unlikely).
23
Question
What duty can initial negligent defendants owe to the ultimate consumer according to the text?
Answer
Initial negligent defendants can owe a duty of care to the ultimate consumer, even if there was an opportunity for intermediate inspection.
24
Question
In the case of Vaughan v Menlove, what was the issue and the takeaway regarding the standard of care for negligence?
Answer
Issue: Should M be held to the reasonable person standard of care or his own judgment? Takeaway: The standard of care for negligence is what a person of ordinary prudence would observe.
25
Question
What was the issue in Buckley v Smith Transport regarding an insane delusion and negligence?
Answer
The issue was whether the insane delusion of the employee could excuse the negligence in causing the accident.
26
Question
Can initial negligent defendants owe a duty of care to Ps even if there was an opportunity for intermediate inspection?
Answer
Yes, they can.
27
Question
What was the issue in the case of Clay Vaughan v Menlove hayrick?
Answer
Should M be held to the reasonable person standard of care or his own judgement?
28
Question
What is the takeaway from the case of Buckley v Smith Transport insanity?
Answer
You are held to the standard of ordinary prudence if you have the capacity to understand and discharge that duty.
29
Question
In the case of Roberts v Ramsbottom stroke, did Ramsbottom fall below the standard of care of a reasonable driver?
Answer
Yes, he did.
30
Question
What was the issue in the case of Masfield v Weetabix hypoglycemia?
Answer
Did the trucker fall below the standard of care due to hypoglycemia?