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