Gawain and Julie are neighbours.Gawain committed the tort of trespass to land by smashing a window in Julie's attic with a baseball bat.Julie could have quickly and easily fixed that damage by paying a home repair company $1000.Instead, she did nothing for eight months.At the end of that period, a thunderstorm caused rain to pour into Julie's attic through the broken window.Julie then paid a home repair company $4000 to fix both the broken window and the damage caused to the attic by the rain.Which of the following statements is TRUE?
A) A court would probably impose an injunction to require Gawain to fix the damage to Julie's house himself.
B) The doctrine of mitigation would not apply because Gawain committed an intentional tort.
C) A court would probably award Julie compensatory damages of $4000.
D) A court would probably order Gawain to pay compensatory damages of $1000 and hold that Julie is responsible for the rest of her loss.
E) The doctrine of mitigation is used to deter the commission of torts.
Correct Answer:
Verified
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