Hamilton House is a charming country home, situated on a small piece of land, several kilometres from

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Hamilton House is a charming country home, situated on a small piece of land, several kilometres from a nearby city. It was built about a century ago. Until quite recently, it sat next to empty crop land. Ten years ago, however, Carlos Aguiar and his family moved onto that neighbouring property. A short time after doing so, he made a number of substantial changes to his land: (i) he elevated an area, on which he constructed his own house, by just over one metre, (ii) he built a large pond a short distance from Hamilton House, and (iii) he channelled a stream, which had run across the entire area for centuries, into narrow PVC piping, with the result that the stream no longer ran through its natural course. Five years ago, Barb Howlett bought Hamilton House. She soon regretted the purchase. Although Hamilton House had traditionally had few flooding problems, the changes that Aguiar introduced had created enormous difficulties. In short, by altering the natural topography of his own property, Aguiar caused water to flood from his land to Hamilton House during times of heavy rain. One particular serious incident not only damaged the house itself, but also contaminated Hamilton House's water supply for one year. To make matters worse, although he could have prevented much of the damage by activating a flood pump that he had installed on his own property, Aguiar refused to help in any way. Which tort or torts, considered in this chapter, might allow Barb Howlett to recover damages from Carlos Aguiar? Explain your answer.

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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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