Does Malia Have a Recourse Through Any Action Under Common

question 4

Multiple Choice

Does Malia have a recourse through any action under common law that would be likely to provide her some relief?

• A) Yes, an action for nuisance.
• B) Yes, an action for trespass.
• C) Yes, an action for annoyance.
• D) A common law action for environmental assault would be available but only if Malia could establish personal injury.
• E) A common law action for environmental assault would be available but only if Malia could establish personal injury and also reduced property value.

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Definitions:

Disclaim or Modify

To reject, deny responsibility, or change terms and conditions in an agreement or statement.

Transferring Rights

The act of moving or assigning legal rights or interests from one party to another.

Merchantable

A standard in sales law indicating that goods are fit for the ordinary purposes for which such goods are used.

Average, Fair

An assessment or rating that denotes something as being within an acceptable or middle range of quality or value.