What Potential Claims Does The Keith Family Have Against Mr.

A) The topic concerning this case is negligence law. The issue is whether Simon would be successful perusing a negligence claim.

Case 5-3, "Did the Company Violate....?", p. 232; and Case 5-5, "Bulletin Board Use", p. 236. Answer the questions at the end of each case in typewritten format, 3 - 5 pages.

Trespass is defined as entering “private property without the owner's permission or entering portions of the public property that are off limits to the public,” and could result in being held liable for “civil or criminal trespass” (Digital Media Law Project, 2008). “Trespass to chattels is a tort whereby one party intentionally interferes or intentionally intermeddles with another person's lawful possession of a chattel” (Trespass to Chattels, 2016). Actual damage has to be shown in order to action. It is stated that “interference can be any physical contact with the chattel or by dispossession of the chattel by taking it, destroying it, or barring the owner's access to it” (Trespass to Chattels, 2016). These definitions

HINT: See Chapters 10-14 of the text to help understand some of the legal issues covered in this assignment.

(b) An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land, except that an owner, lessee, or occupant owes a duty to refrain from injuring a trespasser wilfully, wantonly, or through gross negligence.

Rules: The majority of jurisdictions in the United States allow for recovery in cases of trespass to land, and in this case Farmer would have grounds to file a claim for intentional tort against Pilot, as his privately owned land was trespassed on, with the action resulting in quantifiable damage to Farmer's valuable crops. The courts must decide whether or not Pilot's landing of the plane in Farmer's field constitutes an intentional act, or simply an act of negligence on Pilot's part. To do so, they must examine the three elements of trespass to land: Voluntary Act, Intent, and Damages. Another aspect of this case that the courts would consider is that of liability, as according to an article published by the Harvard Law Review, "cases of liability are those in which the defendant generates a disproportionate, excessive risk of harm, relative to the victim's risk-creating activity ... (and) a pilot or an airplane owner subjects those beneath the path of flight to nonreciprocal risks of harm" (Fletcher, 1972).

b. What did the Court decide with respect to the Applicants’ arguments on partners having to account to the firm and MDLA 415? In your answer, explain how the Court applied the relevant law cited the relevant facts and law cited in the judgment (include, for example, what rules applied).

Trace the history or evolution of this liability through the court. In other words, discuss the relevant cases related to the liability issue and discuss precedent rulings and the current status of the issue.

The third intentional tort committed was by the teenage son for trespass to land. A person who enters or wrongfully remains on another’s land has committed the tort of trespass to land, (Tort Law for Legal Assistant, pg 39). One is liable to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally (a) enters the land in the possession of the other, or causes a third thing or person to do so, (b) remains on the land or (c) fails to remove a thing he is under a duty to remove (Lectric Law 2009). When the Teenage Son drove the car on the Property Owner’s land, he did so without permission. Trespass still has its validity, whether the teenage Son had done so by

The front of defendant’s property has waist-high stone walls separating the backyard from the driveway area, while the back of the property abuts state parklands and has no separating wall. R.13, 10, 16. A gravel path leads from the driveway to the

The conclusion is that Jim, Tom and Marie all have action available under trespass and private nuisance. Their remedies in trespass are warning trespassers to leave, seeking damages to compensate for physical damage (Marie only), contacting the school about providing a sufficient amount of rubbish bins, and seeking mandatory injunctions to remove trespassing objects. In private nuisance, remedies are seeking damages to compensate for physical damages (Marie only) and personal discomfort, and seeking a prohibitory injunction to reduce noise and light to a reasonable level.

(Cheeseman2013) In the case of West Michigan Environmental Action Council, Inc. v. Natural Resources Commission. In the state of Michigan there was over 57000 acres that was located in the Pigeon River County State Forest. Shell oil would apply with the Michigan Department of Natural Resources, for permits to drill ten exploratory wells in the forest. Roads had to be constructed to get to the different sites. The West Michigan Environmental Action claimed the roads would affect the elk’s habitat. The herds would avoid the roads even when there was no traffic on them. West Michigan Environmental Action council would go on to sue the Department of Natural Resources. It Citied it would have significant damage to the only elk herd east of the

Ms Sophie Marsh has possible actions in a trespass to land and a private nuisance against Mr. Frank Stark. Marsh could however be liable of committing a trespass to person, specifically battery, to Stark’s person. The conclusions of each element of the tortious actions, the relevant defences and remedies which may arise from the facts and time periods applicable to each action will be discussed below. Additionally, any further legal facts required to reach informed legal conclusions will be noted.

Officer Grieve had the right to walk on Dr. Drake’s property, but Dr. Drake failed to provide a safe environment for his customers and guests to walk on

Don't tread on me: Private property owners, particularly in Iowa, have bristled at the Bakken Pipeline's