10 的問題 1 · Torts
A debt collector went to a couple's home to collect an overdue loan from the husband. The collector saw the wife standing in the living-room doorway. The collector then grabbed the husband, threw him to the floor, and kicked him repeatedly. He shouted that he would keep coming back until the debt was paid. The wife watched the entire attack from the doorway a few feet away. She suffered severe emotional distress, including weeks of nightmares and an inability to work, but no bodily harm. The wife sued the collector for intentional infliction of emotional distress. Will the wife prevail?
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224 道 MBE 題90 加州問題1.8 分鐘提問每個選項的解釋
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每個選項都有解析
弄清錯誤選項為什麼錯，分數才會提高。
題庫中的一道題及其解答。每道題都包含同樣的內容：以淺顯英文說明的規則、每個選項一行解析，以及出處。
Real Property
For 15 years a homeowner drove across a strip of her neighbor's land to reach the garage behind her house. When she first began doing so, the neighbor had told her, 'Go ahead and use it as long as you like.' She made no improvements in reliance on that statement and never discussed the matter with the neighbor again. The neighbor recently sold his land to a buyer, who placed boulders across the strip. The homeowner sued to establish a right to continue crossing. The statutory period for prescription in the jurisdiction is 10 years. Does the homeowner have an easement across the strip?
- Yes, because she used the strip openly and continuously for longer than the 10-year statutory period.
- Yes, because the neighbor's statement created a license that became irrevocable after 15 years of reliance.
- No, because her use began with the neighbor's permission and never became adverse.正確
- No, because a prescriptive easement cannot bind a buyer of the servient land who did not know of the use.
An easement by prescription requires use that is open and notorious, continuous for the statutory period, and adverse, meaning without the owner's permission. Use that begins with permission is not adverse, and it stays permissive until the user clearly repudiates the permission and the owner has a chance to object. Here, the neighbor expressly permitted the use at the start, and nothing later changed its character. The homeowner therefore held only a license. A license is revocable, and it ended when the neighbor sold his land. No prescriptive easement arose, however long the use continued.
為什麼每個選項
- A
- This option checks the period but ignores the adversity element. Open and continuous use for the statutory period creates an easement only if the use was also without permission. Permissive use never ripens into a prescriptive right.
- B
- This option assumes time alone makes a license irrevocable. A license becomes irrevocable only when the licensee spends money or labor in reasonable reliance on it. The homeowner made no such investment.
- C
- Correct. Prescription requires adverse use. The neighbor's express permission made the use permissive from the start, so it never became adverse. The homeowner held only a license, which ended when the neighbor sold his land.
- D
- This option misstates the effect of prescription. A prescriptive easement, once acquired, binds later owners of the servient land regardless of notice. The homeowner loses because she never acquired one, not because of the buyer's knowledge.
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