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411 समाचार
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411 REFERENCE · Wikibooks

How to Ace FYLSE/2013 F Q4

Reference material by Wikibooks contributors. This retains its source identity and is not 411 news reporting.

http://admissions.calbar.ca.gov/Portals/4/documents/gbx/July2013CBX%20SelectedAnswers%20Essay1-6_R.pdf Fact Summary D dumped trees on P's property which caused flooding of P's property and chattel. It costs 30K to remove the tree, lowered the property value by 10k and costs 4k to buy or 5k to fix the chattel. Comments This is an intentional Torts and their remedies question. Outline [P v. D] Trespass to Land Licensee Consent necessity Legal Remedies Damages actual cause proximate certain and ascertainable mitigation Nominal damages Actual damages Diminution in value. Cost of repair: removal of the trees. Punitive damages Special damages Restitution Ejectment Equitable Remedies Inadequate Legal Remedy Balancing hardships No defenses (i.e. laches) Injunction Trespass to Chattel transferred intent Conversion Restitutionary Money Judgment Ejectment Injunction Feasibility Hardships