Roark Construction Inc built a new high-rise apartment building on a piece of land that it called Randville.Six months after the building was completed, Cooper, the owner of the neighbouring property, proved on the basis of records and documents at the land titles office that Roark's new building extended 1 metre over the boundary between the two properties, and therefore is partially located on Cooper's property.Roark was entirely unaware of that fact during the construction process.Which of the following statements is TRUE?
A) Cooper cannot successfully sue for damages because it did not notify Roark of the problem until after the building was completed.
B) A court almost certainly will grant an injunction that requires Roark to demolish its building and start the construction project over again.
C) Roark may be held liable for an intentional tort even though it did not intend to commit any tort at all.
D) Roark will be held liable for a trespass to land only if it unreasonably failed to check the documents at the land titles office.
E) Because Roark committed an honest, though foolish, mistake the court will likely award punitive damages to Cooper.
Correct Answer:
Verified
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