Peter and Elizabeth are neighbours in a rural area. They are also brother and sister. Peter was

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Peter and Elizabeth are neighbours in a rural area. They are also brother and sister. Peter was unhappy with the small size of a pond on his property. He wanted to enlarge it for the purposes of swimming, fishing, boating, and skating. The only possibility for expansion, however, required the use of part of his sister's land. Elizabeth refused to give her consent to that plan. Peter then offered to buy the relevant portion of his sister's property, but she rejected that offer as well. Peter then remembered a piece of advice he once received from his father: "It's easier to get forgiveness than permission." While Elizabeth was away on vacation, Peter simply went ahead with the expansion. When she returned from her holiday, Elizabeth was furious to discover that her property now contained half of a very large pond. Peter hoped that she would calm down after a few days, but she instead sued him in tort. What cause of action would Elizabeth use against Peter? What remedies might she receive from a court?

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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