Deck 19: Torts Connected With Land

Question 1

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

Answer 1

True

Question 2

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

Answer 2

False

Question 3

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

Answer 3

True

Question 4

Nuisance is a separate tort.

Question 5

An injunction is a form of self-help.

Question 6

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

Question 8

Landlords must use reasonable care to make common areas safe.

Question 9

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

Question 10

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 ________.

A) Greg owes Gabe a duty of care for artificial conditions on the land such as the hole.
B) Greg does not owe Gabe a duty of care for artificial conditions on the land such as the hole.
C) Greg owes Gabe a duty of care if Greg was unaware that Gabe was trespassing in the yard.

Question 12

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

Question 13

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

Question 14

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 ________.

A) Wally can assert the defense of private necessity and will not have to pay for the damage he did to Peter's front door and wall.
B) Wally can assert the defense of private necessity but will have to pay for the damage he did to Peter's front door and wall.
C) Wally can assert the defense of public necessity and will not have to pay for the damage he did to Peter's front door and wall.
D) Wally can assert the defense of public necessity but will have to pay for the damage he did to Peter's front door and wall.

Question 15

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

Question 18

Distinguish between private and public nuisance.

Question 20

When can you exercise the privilege to abate a nuisance?

Question 22

List several different categories of plaintiffs in premises liability cases.

Question 26

List some of the remedies available to a victim of a private nuisance.

Question 30

How can title to land be acquired by adverse possession?

Question 33

In a private nuisance case, what are some of the factors a court will use to determine whether an interference is unreasonable?

Question 37

What interest is protected by the tort of trespass to land?

Question 38

What duty is owed to invitees?

Question 39

What duty do occupiers owe persons outside the land?

Question 40

What duty do occupiers owe discovered adult trespassers on the land?

Question 41

What duty is owed to licensees?

Question 42

What is social value?

Question 43

When will a court consider using an equitable remedy?

Question 44

When can a private citizen sue because of a public nuisance?