Elliot and Margaret Are Neighbours

question 2

Multiple Choice

Elliot and Margaret are neighbours.Elliot built a swimming pool in his backyard at a cost of $10 000.That pool increased the value of Elliot's property by $15 000.One side of that pool extends 1 metre onto Margaret's property.It would cost $7000 to rebuild the pool so that it does not touch Margaret's land.Which of the following statements is TRUE?

• A)Margaret is entitled to compensatory damages of $15 000.
• B)Margaret is entitled to compensatory damages of $10 000.
• C)Margaret is entitled to compensatory damages of $7000.
• D)Margaret is entitled to receive an injunction even if she consented to the location of Elliot's pool.
• E)Even though Elliot's pool trespasses on Margaret's property, a court will likely not award an injunction to Margaret, especially if Elliot did not deliberately commit the tort and Elliot agrees to rebuild the pool to remove the trespass.

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Definitions:

Marshaling of Assets

A legal principle requiring the fair and orderly distribution of a debtor's assets among creditors, especially when the debtor has multiple debts secured by the same assets.

UPA

Stands for Uniform Partnership Act, which is a statute that governs partnership formation and operation in the United States, aiming to provide a consistent legal framework for businesses operating as partnerships.

RUPA

Revised Uniform Partnership Act, an updated version of the Uniform Partnership Act that includes changes to accommodate modern business practices.

Obligations

Duties or commitments that individuals or organizations are legally bound to fulfill, such as contractual agreements or debt repayment.