Week 12 - Ch. 12
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Maccormac College *
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Course
1800
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
2
Uploaded by UltraHawk4071
Ashlee Moran
David F. Grassi, J.D., M.A
Law 1800
Week 12 Ch. 12
Due: 11/26/2023
1.
What does the term “Coming to the Nuisance” mean?
i.
“Coming to the Nuisance” is a defense that means that the existence of a
nuisance is already present in an area where a person who is aware of such,
decides to own or use land which would prevent them from being able to
recover damages from the defendant.
b.
Give an example.
i.
An individual purchases a home that is located next to a rail yard. A reasonable
and ordinary person would assume that loud train noises and possibly the
shaking of the home caused by the vibrations from the movement of a train
would be associated with the property. In this instance, the buyer would be
aware of these issues prior to the purchase and since they willingly bought the
home anyways, they cannot recover damages from the transit rail system.
2.
What does the term “Nuisance
per se”
mean?
i.
“Nuisance
per se
” refers to an action that is always considered a nuisance
regardless of the venue or environment.
b.
Why is a coming to the nuisance defense not applicable to this tort?
i.
Using the “Coming to the Nuisance” defense is inapplicable in public nuisance
cases because the defense refers to an individual or single unit moving into an
area with a pre-existing nuisance. In a public nuisance situation, the public as a
whole is affected by the nuisance which is considered if continued.
3.
What is the difference between the remedies of injunction and mandamus?
i.
Injunctive remedies include orders from the court, temporary or permanent, to
cease and desist a particular nuisance action being performed by the party the
claim is against and may require monetary compensation.
ii.
Remedies of a mandamus are orders from the court commanding government
officials to “perform a nondiscretionary act”. Typically, this is only used in
emergent situations with equitable relief.
4.
What is a wrongful death statute?
i.
A wrongful death statute is a law that allows the surviving dependents of a
deceased loved one, who was a victim of a tort, to file a claim alleging
negligence or intentional torts resulted in the death of the victim.
b.
Give an example of someone who recently died who this statute might apply to.
i.
Kenneka Jenkins, a young adult, died after drunkenly wandering into the walk-in
freezer at the Crowne Plaza Chicago Ohare Hotel in 2017. After wandering into
the walk-in freezer, Kenneka became locked inside and died of hypothermia. Just
recently, her family was awarded a $6 million settlement because Kenneka’s
mother filed a claim against the staff of the hotel for negligence and failure to
act in a reasonable amount of time to locate her daughter.
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