Brian Ka - Remedies | July 2013 Question 6 California Bar Exam скачать в хорошем качестве

Brian Ka - Remedies | July 2013 Question 6 California Bar Exam

This video breaks down a California Bar Exam essay question from July 2013 on Remedies, focusing on intentional torts. The speaker outlines the problem: Paul owns a 50-acre lot with a stream and a house. Doug, a neighbor, was given permission to use a shortcut across Paul's land to a lumber mill, but instead dumped trees on Paul's property, blocking the stream. This caused flooding and damage to Paul's garage and motorcycle. The video then discusses the following legal claims and remedies: Trespass to Land (11:32): The speaker analyzes the elements (intent, invasion, another's property, without consent), focusing on how Doug's actions exceeded the scope of Paul's permission (license). Remedies for Trespass to Land: Compensatory Damages (20:45): Discusses the "but for" and foreseeability tests for damages related to tree removal ($30,000), decreased land value ($10,000), and motorcycle/garage damage. The video notes that the court likely won't allow double recovery (28:27). Injunction (31:12): Explains when an injunction (like ordering tree removal) might be granted if legal damages are inadequate, though in this case, monetary damages seem sufficient (43:53). Conversion / Trespass to Chattel (18:53): The video analyzes these torts regarding the damaged motorcycle. It highlights the distinction: conversion typically awards the full market value ($4,000), while trespass to chattel covers repair costs ($5,000). Doug would prefer conversion since it's cheaper (39:58). The video concludes by emphasizing that the question specifically asks for "intentional tort claims," so negligence or contract issues should be avoided. California Bar Exam July 2013: https://www.calbar.ca.gov/Portals/0/d... Officially Licensed MBE Questions With a Pass Guarantee: https://barprephero.com/premium/?tap_...