Ibhange lombuzo
Imibuzo engu-MBE, inketho echazwe ngenketho.
Imibuzo yefomethi yokuhlolwa ngemizuzu engu-1.8 ngayinye, enencazelo yesiNgisi ecacile yokuthi kungani yonke inketho ilungile noma ingalungile. Abayishumi bamahhala nsuku zonke.
Alikho ikhadi. Ayikho i-akhawunti yemibuzo yokuqala eyi-10.
Umbuzo 1 we-10 · Torts
A man was angry at a coworker who had reported him for arriving late. One afternoon the coworker sat at her desk reading a document, with her back to the office door. The man crept up behind her and swung a heavy metal stapler at her head, intending to hit her. His foot slipped, and the stapler missed her head by a few inches. The coworker never saw or heard the swing. She learned what had happened only the next day, when another employee who had witnessed it told her. She then became very upset and frightened. The coworker sued the man for assault. Will she prevail?
Ayikho i-akhawunti edingekayo kwabangu-10 bokuqala.
Imibuzo engu-224 MBE90 imibuzo yaseCalifornia1.8 imizuzu umbuzoIncazelo yayo yonke inketho
Izindlela ezintathu zokuzilolonga
Funda umthetho, thola ijubane lakho, bese uhlala iseshini.
Umfundisi
Akunasikhathi. Incazelo ivula ngemva kwempendulo ngayinye, ngesixhumanisi sesahluko esifundisa umthetho. Ama-akhawunti wamahhala athola i-10 ngosuku.
Amasethi anesikhathi
Imibuzo eyi-17 kuye kwengama-66 ngemizuzu eyi-1.8 ngayinye, izincazelo ekugcineni, nesikhathi sakho kuwo wonke umbuzo ngokumelene nejubane lokuhlolwa.
Izikhathi mbumbulu
Imibuzo eyi-100 emahoreni amathathu ewashini elingenakumiswa isikhashana, ixutshwe kuzo zonke izifundo eziyisikhombisa, noma amaseshini amabili agcwele MBE.
Yonke inketho ichazwe
Ukwazi ukuthi kungani izimpendulo ezingalungile zingalungile ukuthi amaphuzu ahamba kanjani.
Umbuzo owodwa ovela ebhange, waphendulwa. Yonke imibuzo iphethe okufanayo: umthetho ngesiNgisi esilula, umugqa owodwa kunketho ngayinye, kanye nomthombo.
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.Kulungile
- 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.
Kungani inketho ngayinye
- 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.
Izihloko
Izifundo eziyisikhombisa ze-MBE kanye nezifundo eziyisithupha zase-California.
Ihlolwe ngo-MBE
Imibuzo
Mayelana nebhange lemibuzo
Ingabe ngidinga i-akhawunti yemibuzo yamahhala?
Isondele kangakanani imibuzo ku-MBE yangempela?
Sibukeka kanjani ukuhlolwa mbumbulu?
Ingabe izifundo zaseCalifornia kuphela ziyahlanganiswa?
Kwenzekani emibuzweni engiyiphutha?
Imibuzo eyishumi yamahhala, nsuku zonke.
Uhlelo oluphelele lwengeza ukuzijwayeza okungenamkhawulo, amasethi anesikhathi, izikhathi mbumbulu kanye nomugqa wokubuyekeza.