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Property Torts
Chatper 2.4
Learning Objectives:
Negligence
Distinguish the tort of negligence and the tort of negligent misstatements.
Determine when a duty of care exists and whether it can be varied expressly.
Determine the standard of care required in estate agency work.
Discuss the remedies for breach of duty of care.
Trespass to land or property
Explain the definition and elements of trespass to land or property.
Identify and explain the defences and remedies for trespass.
Nuisance
State the nature of private nuisance, public nuisance, nuisance to corporeal hereditament and nuisance to incorporeal hereditament.
State the remedies for nuisance and defences to an action of nuisance.
Describe the term ‘nuisance’ used in the context of a tenancy agreement.
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