Question
For the following questions, answer each question directly (yes or no, for example, if the question can be answered yes or no), provide a quotation
For the following questions, answer each question directly ("yes" or "no," for example, if the question can be answered "yes" or "no"), provide a quotation from the appropriate source, and provide a citation to your answer in the style of the California Style Manual within parentheses (and including the parentheses) unless otherwise specified.
For questions 1 through 4, assume the following hypothetical:
Jim Blandings was tired of living in an apartment. His first thought was to build a dream home. But, afraid that many unforeseen troubles would lead to humorous results, Blandings decided instead to buy a new mass-produced tract house. The tract house, it turned out, had its own problems.
- To his dismay, Blandings discovered that his house has construction defects. Under California law, Blandings can sue in strict liability for construction defects in his tract house. What is the earliest decision of the California Court of Appeal so holding? (Provide a quotation from the earliest decision so holding followed by a citation.)
- The defects in the house have caused damage to other parts of the house. In discussing this with his lawyer, Bill Cole, Blandings is told that the economic loss rule may affect his ability to apply strict liability against the builder. According to the California Supreme Court in a 2000 decision, under the common law can a plaintiff recover in strict liability for defects that have not caused property damage or personal injury?
- In the house owned by Blandings, the defective windows caused damage by water intrusion to the stucco, insulation, framing, drywall, paint, wall coverings, floor coverings, baseboards, and other parts of the house. The builder of the house asserts that the product is the entire house so that the economic loss rule precludes the application of strict liability because there is no property damage other than to the product itself. According to a 2002 decision of the California Supreme Court, does the builder's argument succeed?
- If Blandings wants to sue the builder on the basis of the builder's fraudulent representations made when Blandings purchased the house, according to the California Supreme Court would his fraud claims be barred by the economic loss rule?
For questions 5 through 9, assume the following hypothetical:
Charlie and Rose Allnut decided to take a vacation to picturesque Lake Tahoe, located high in the Sierra Nevada mountains on the border between California and Nevada. Having some experience with sailing, the Allnuts rented a motor boat and set out on the lake. As they neared another vessel, Charlie started wondering about nautical rights and duties.
5. According to the United States Supreme Court in a case decided before 1874 arising from appeal from a court located in Michigan, what is the test to determine whether a body of water is among the navigable waters of the United States? (Answer with the test and provide a citation.)
6. According the Ninth Circuit Court of Appeals, is Lake Tahoe among the navigable waters of the United States applying this early test?
7. According to the United States Supreme Court in a case decided between 2002 and 2010, is the definition of "navigable waters" under the federal Clean Water Act broader or narrower than as stated in the early test? (Answer by stating whether it is broader or narrower and provide a citation in the style of the Blue Book.)
8. According to the California Supreme Court, is the standard for determining the boundary of public versus private ownership at the Lake Tahoe shore the last natural low water mark? (Answer yes or no and provide a citation.)
9. According to the California courts, what is the high-water mark (in feet) of Lake Tahoe for purposes of the public trust?
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