Asked by Emily Maniccia on Jul 14, 2024

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Read the following and indicate the true statement.

A) If a person were given a blood transfusion after making it clear that she didn't want one, the cause of action would be negligence.
B) If a person suffers a loss because a salesman knowingly made a false statement that he knew the other would rely on to his detriment, the cause of action could be defamation.
C) If falling over boxes wrongfully left in his garage by a delivery company injured a person, the cause of action could be breach of contract.
D) If a person suffers damage because of wiring improperly installed by John for his employer, World Wires Ltd., only John could be sued for negligence.
E) If the odour from a neighbour's smokehouse made it impossible for you to use your pool, the proper action would be nuisance.

Negligence

The failure to take reasonable care to avoid causing injury or loss to another person, resulting in legal liability for the damages caused.

Breach of Contract

occurs when one party in a contractual agreement fails to fulfill their obligations as outlined in the contract, allowing the other party to seek legal remedies.

Nuisance

An act, condition, or thing causing annoyance, inconvenience, or damage to individuals or the community, not necessarily illegal but may be regulated or restrained.

  • Compare and contrast categories of torts, namely conversion, defamation, deceit, nuisance, and negligence.
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DM
Doris MollaJul 21, 2024
Final Answer :
E
Explanation :
E is correct because nuisance involves an interference with someone's enjoyment of their property, such as odours from a neighbour's activities. Options A, B, C, and D are incorrect because they mischaracterize the legal principles involved. A describes a battery rather than negligence, B should refer to fraudulent misrepresentation instead of defamation, C's scenario is more aligned with negligence than breach of contract, and D overlooks the principle of vicarious liability, where an employer can be held responsible for the actions of their employees.