Essentials of Torts

Nuisance is a separate tort.

A licensee has the express or implied consent of the occupier to enter and use the land for the licensee's purpose.

Injunction is an equitable remedy, unlike an award of damages.

Wally's house is on fire.He cannot get into any of the doors or windows because of the flames.The house is attached to Peter's house, which is not on fire.No one is home in Peter's house.Wally breaks into Peter's front door with an axe and chops a hole into their common wall in order to get in to make sure no one is trapped inside.Peter sues Wally for the damage done to the door and wall ________.

An occupier has a duty to use reasonable care to protect all trespassing adults from injury from an attractive nuisance.

Trespass to land cannot be committed by a person who makes an honest mistake about his or her right to enter the land.

MATCHING -unreasonable interference with use of private land

It is possible for a private citizen to have standing to sue someone who has committed a public nuisance.

Land consists of the ground surface and that portion of the airspace above the surface over which you can claim reasonable beneficial use.

Landlords must use reasonable care to make common areas safe.

An injunction is a form of self-help.

Adverse possession can never give a trespasser title to the land on which he or she is trespassing.

MATCHING -one over whom the landowner cannot control the method or administrative details of how the work is performed

MATCHING -buyer beware

Gabe is an adult.Ignoring a "Keep Out" sign, he climbs over a fence in Greg's yard.While walking in the yard, Gabe falls into a hole that Greg had dug for the foundation of a large shed he was building in the yard.To Greg's knowledge, this is the first time anyone has trespassed in his yard.Gabe sues Greg for negligence ________.

MATCHING -one who enters land for his or her own purposes with consent

Intent in trespass to land does not require an intent to enter land wrongfully nor to enter knowingly without permission.

MATCHING -makes occupier liable to a child trespasser

MATCHING -quality as measured by what the general public deems desirable or useful

MATCHING -not readily visible; hidden