badm 300 exam2 review
BADM 300 Exam 2 review
1. Attractive Nuisance
a. Child’s failure to recognize risk – likely to trespass
b. Artificial risk - pool, and big hole in the ground
c. Utility slight - not a lot of value to it,
d. Child likely to trespass
e. Unreasonable risk of
f. Serious harm
2. Adverse possession – you take some lands and use it long enough and becomes yours
a. Hostile you don’t have permission to do it (not hostile is to come on my land) has to be against their interest
b. Exclusive You can’t have possession at the same time with owners ex) drive way
c. Length of time
d. Uninterrupted possession need to be there uninterrupted for the whole time
e. Visual has to be obvious that you were there, can’t hide all time, people need to see it
f. Actual you have to be there, not someone else
3. Common law premises (property) for liability
a. If you own property, you own duty to people
b. Depend on who that person is
c. Break into different types of people
d. Adult trespasser
d.i. he is not invited
d.ii. What duty do you own to him? No duty
e. What is duty to someone? Responsibility, obligation to inform them of dangers
f. Licensee
f.i. come on the property on social reason, guests,
f.ii. duty to warn known dangers (
f.iii. don’t have duty to monitor them and make sure they are not harmed
g. Business invitees
g.i. Customers
g.ii. People come to do business with you
g.iii. Duty to warn known dangers and to inspect hidden dangers
g.iv. Keep track whether there is wet floor or not
h. Business licensees
h.i. No such thing, doesn’t exist
i. Children trespasser
i.i. Duty
i.ii. Attractive nuisance
4. Cases
a. Torrey Canyon
a.i. Something with the crude oil tanker
a.ii. Wrecked off western coast of Cornwall in the late 1960s
a.iii. Significance
a.iii.1. The first big environmental disaster
a.iv. Outcome
a.iv.1.
b. Exxon Valdez
b.i. Took a long time to figure out the compensation for the damage
b.ii. Oil tanker
1. Attractive Nuisance
a. Child’s failure to recognize risk – likely to trespass
b. Artificial risk - pool, and big hole in the ground
c. Utility slight - not a lot of value to it,
d. Child likely to trespass
e. Unreasonable risk of
f. Serious harm
2. Adverse possession – you take some lands and use it long enough and becomes yours
a. Hostile you don’t have permission to do it (not hostile is to come on my land) has to be against their interest
b. Exclusive You can’t have possession at the same time with owners ex) drive way
c. Length of time
d. Uninterrupted possession need to be there uninterrupted for the whole time
e. Visual has to be obvious that you were there, can’t hide all time, people need to see it
f. Actual you have to be there, not someone else
3. Common law premises (property) for liability
a. If you own property, you own duty to people
b. Depend on who that person is
c. Break into different types of people
d. Adult trespasser
d.i. he is not invited
d.ii. What duty do you own to him? No duty
e. What is duty to someone? Responsibility, obligation to inform them of dangers
f. Licensee
f.i. come on the property on social reason, guests,
f.ii. duty to warn known dangers (
f.iii. don’t have duty to monitor them and make sure they are not harmed
g. Business invitees
g.i. Customers
g.ii. People come to do business with you
g.iii. Duty to warn known dangers and to inspect hidden dangers
g.iv. Keep track whether there is wet floor or not
h. Business licensees
h.i. No such thing, doesn’t exist
i. Children trespasser
i.i. Duty
i.ii. Attractive nuisance
4. Cases
a. Torrey Canyon
a.i. Something with the crude oil tanker
a.ii. Wrecked off western coast of Cornwall in the late 1960s
a.iii. Significance
a.iii.1. The first big environmental disaster
a.iv. Outcome
a.iv.1.
b. Exxon Valdez
b.i. Took a long time to figure out the compensation for the damage
b.ii. Oil tanker