Discussing an issue affecting one of the apartment buildings


Problem: Two property managers in your office, Eugenio and Dee, are discussing an issue affecting one of the apartment buildings under Eugenio's management. The neighbour of the apartment building is a fast food restaurant that is poorly maintained. Food waste is not properly dealt with, which attracts rats to the area. Despite Eugenio's repeated complaints, the problem is only getting worse, and now rats are entering the apartment building's parking lot and are chewing wires in the tenants' cars. Eugenio believes this is a classic case of trespass, whereas Dee says it is a matter of private nuisance.

A. Who is correct: Eugenio, Dee, both, or neither? Explain why this is the case.

B. Two types of remedies that may be available are damages and an injunction. Describe each of these remedies in your own words. In this case, which do you think would be most appropriate, and why?

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