Gawain and Julie Are Neighbours

question 34

Multiple Choice

Gawain and Julie are neighbours.Gawain committed the tort of trespass to land by smashing a window in Julie's attic with a baseball bat.Julie could have quickly and easily fixed that damage by paying a home repair company $1000.Instead, she did nothing for eight months.At the end of that period, a thunderstorm caused rain to pour into Julie's attic through the broken window.Julie then paid a home repair company $4000 to fix both the broken window and the damage caused to the attic by the rain.Which of the following statements is TRUE?

• A)A court would probably impose an injunction to require Gawain to fix the damage to Julie's house himself.
• B)The doctrine of mitigation would not apply because Gawain committed an intentional tort.
• C)A court would probably award Julie compensatory damages of $4000.
• D)A court would probably order Gawain to pay compensatory damages of $1000 and hold that Julie is responsible for the rest of her loss.
• E)The doctrine of mitigation is used to deter the commission of torts.

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Definitions:

Pipe Insulation

Material used to preserve the temperature of the water or fluid in pipes by reducing heat loss or gain.

Vinyl Ceiling Tiles

Ceiling tiles made from vinyl, a synthetic plastic material, used for aesthetic and acoustical purposes in construction.

Asbestos

Naturally occurring fibrous minerals that are resistant to heat, fire, and chemicals, previously used in construction materials but now restricted due to health risks associated with inhalation.

Sick Building Syndrome

A condition affecting building occupants who experience acute health and discomfort effects linked to time spent in a building, but with no specific illness or cause identified.