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CASE: Dan lived next door to a mean-spirited neighbour, Bubba, who constantly complained about Dan and his family? Eventually Dan decided to sell his house and hired Rob, a real estate agent. One day Bubba yelled insults at Rob as Rob was leaving an open house. Bubba suddenly rushed toward Rob, and although Rob tried to defend himself by throwing his briefcase at Bubba, Bubba hit him above the eye, causing a serious cut requiring stitches. Bubba was arrested, convicted, and sentenced in a criminal action for his attack. Rob couldn't work for two months because of the injury. Dan took his house off the market and rented it to a couple who seemed quiet but had noisy parties that woke Bubba every weekend. The couple also acquired a dog that kept digging holes under the fence so that it could bury bones in Bubba’s back yard. Dan refused to do anything about this when Bubba complained. Rob and Bubba sued each other for assault. Bubba sued Dan and the couple for nuisance. Explain what law suits may (or may not) succeed and why, citing what elements of these torts must be proved and any defences that might be raised.

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