Chapter

Problems

From Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 by Christian

Concepts

1. Nominal Damages

   "To obtain nominal damages, a plaintiff must show at least some form of loss. False: It’s impossible to avoid all ambiguity here, but nominal damages are awarded for some causes of action, like trespa

2. Consent

   "Even if consent is obtained by fraud, it may negate trespass. True: This is Desnick. Note I used the word “may” here. Desnick does not hold that any entrance to property obtained by lying about one’s

3. Vibrations

   "For the Adams court, vibrations interfering with one’s property would not be considered a trespass unless they were so intense that they physically damaged or destroyed structures on the plaintiff’s

4. Sic Utere

   "The Fountainebleau hotel extension would clearly harm the Eden Roc hotel by casting a shadow over the pool area. The “sic utere” formulation—that one’s right to use one’s property is limited only to

5. Externalities

   "Two externalities that arise from an individual’s decision to drive across town to visit a friend include pollution and congestion, both of which are marginally increased by one’s driving. We general