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Question 1
Rawhide, Inc. builds a tannery in Curley's neighborhood. The tannery gives off foul odors that Curley can smell from his property. If Curley sues the tannery for nuisance, he will probably recover:
Correct In this situation, Curley might have a viable action for nuisance against Rawhide because all three elements are satisfied here. Curley has possessory interest in his land, the odor from the tannery is affecting the use and enjoyment of his property and, it is fair to say, the odors are a substantial and unreasonable interference with Curley's enjoyment. That being the case, Curley will be able to recover for nuisance and the correct answer is TRUE.
Incorrect! In this situation, Curley might have a viable action for nuisance against Rawhide because all three elements are satisfied here. Curley has possessory interest in his land, the odor from the tannery is affecting the use and enjoyment of his property and, it is fair to say, the odors are a substantial and unreasonable interference with Curley's enjoyment. That being the case, Curley will be able to recover for nuisance and the correct answer is TRUE.
Correct
Incorrect!
Question 2
Sonar, Inc., is a manufacturer of special equipment used by marine biologists. One of their leading products is a machine that simulates the calls of wild humpback whales. Each piece of equipment can make several high frequency sounds that are not audible to the human ear. In order to ensure the quality of their equipment, Sonar tests each piece of equipment several times. These tests involve testing the range of sound that each piece of equipment makes. Therefore, dozens of high frequency sound waves are emitted from Sonar's manufacturing plant every day. Not knowing of the high frequency sounds, TopBreed Inc., opens a dog breeding school next door to Sonar. The high frequency noises, while not audible to humans are audible and very disturbing, to dogs. The sound waves cause the dog to howl for hours every day and interfere with TopBreed's business. If TopBreed brings an action against Sonar to recover damages for interfering with TopBreed's business, TopBreed will:
Correct
Incorrect!
Correct In an action for private nuisance, one of the things that plaintiff must prove is that defendant's act caused an interference with plaintiff's use and enjoyment of the property that is substantial and unreasonable. "Unreasonable" here is defined as something an ordinary person would not tolerate. Here, it is safe to say that TopBreed's sensitivity to the high frequency sound waves is abnormal. Please note that A is wrong because coming to a nuisance is not a complete defense.
Incorrect! In an action for private nuisance, one of the things that plaintiff must prove is that defendant's act caused an interference with plaintiff's use and enjoyment of the property that is substantial and unreasonable. "Unreasonable" here is defined as something an ordinary person would not tolerate. Here, it is safe to say that TopBreed's sensitivity to the high frequency sound waves is abnormal. Please note that A is wrong because coming to a nuisance is not a complete defense.
Correct
Incorrect!
Correct
Incorrect!
Question 3
An oil tanker belonging to PetroCorp runs aground and causes a massive oil spill that damages several miles of the Massachusetts coastline. As a result, several public beaches are rendered unusable to the public. Hooper and Martin are avid surfers who like to hit the waves as often as they can. Because of the oil spill, they will not be able to surf for at least six months. They file suit against PetroCorp for nuisance. The court will hear their suit:
Correct
Incorrect!
Correct A public nuisance is an act by a defendant that interferes with the public's use or enjoyment of public property, or that inconveniences the public in the exercise of rights common to all. Typically, only the state where the public nuisance occurs can bring suit for a public nuisance. In this instance PetroCorp has committed a public nuisance and thus, only the state can sue. Therefore, Martin and Hooper's suit will fail and the correct answer is FALSE.
Incorrect! A public nuisance is an act by a defendant that interferes with the public's use or enjoyment of public property, or that inconveniences the public in the exercise of rights common to all. Typically, only the state where the public nuisance occurs can bring suit for a public nuisance. In this instance PetroCorp has committed a public nuisance and thus, only the state can sue. Therefore, Martin and Hooper's suit will fail and the correct answer is FALSE.
Question 4
An oil tanker belonging to PetroCorp runs aground and causes a massive oil spill that damages several miles of the Massachusetts coastline. As a result, several public beaches are rendered unusable to the public. Hooper and Martin make their living harvesting clams and oysters at the various beaches in the area and their business has been destroyed as a result of the oil spill. They file suit against PetroCorp for nuisance. The court will hear their suit:
Correct Typically, only the state where the public nuisance occurs can bring suit for a public nuisance. However, an individual may bring a suit for a public nuisance if the individual suffers a particular kind of harm. Here, Martin and Hooper have suffered a particular type of harm because their business has been destroyed. That being the case, they will be allowed to sue PetroCorp even though this is a public nuisance. Therefore, the correct answer is TRUE.
Incorrect! Typically, only the state where the public nuisance occurs can bring suit for a public nuisance. However, an individual may bring a suit for a public nuisance if the individual suffers a particular kind of harm. Here, Martin and Hooper have suffered a particular type of harm because their business has been destroyed. That being the case, they will be allowed to sue PetroCorp even though this is a public nuisance. Therefore, the correct answer is TRUE.
Correct
Incorrect!
Question 5
Rawhide, Inc. builds a tannery in Curley's neighborhood. Before the tannery opens for business, Curley moves to another neighborhood. However, he retains ownership of his property near the tannery. Curley leases out the property near the tannery to Mo. Once the tannery begins operating, it gives off foul odors that Mo can smell from his property. If Curley sues the tannery for nuisance, he will probably recover:
Correct
Incorrect!
Correct In this situation, Curley will not have a viable action for nuisance against Rawhide because, while Curley has possessory interest in his land (he still owns it), the odor from the tannery is not affecting his use and enjoyment of the property (because he does not live there). That being the case, Curley will not be able to recover for nuisance and the correct answer is FALSE.
Incorrect! In this situation, Curley will not have a viable action for nuisance against Rawhide because, while Curley has possessory interest in his land (he still owns it), the odor from the tannery is not affecting his use and enjoyment of the property (because he does not live there). That being the case, Curley will not be able to recover for nuisance and the correct answer is FALSE.
Question 6
Tony and Carmella live in a house in New Jersey that they purchased for $250,000. The town has never had a garbage dump and the city government has spent millions of dollars over the years sending the town's trash to a dump located in a different part of the state. In order to save money, the town contracts with Silvio, the president of a waste management company, to build and maintain a landfill at the edge of the town. Within six months, the landfill is operational. Eventually, as more and more of the town's trash gets dumped into the landfill, the residents of the town are subjected to the odor that the landfill gives off. The odor is not constant but, on windy days, it is noticeable. As a result, the house that Tony and Carmella bought for $250,000 is reduced in value to $240,000. If Tony sues the town for nuisance, he will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct There are four factors used in weighing harm and benefit: whether or nor defendant's action is properly suited to the neighborhood where it takes place, the values of both plaintiffs and defendant's properties, the cost that defendant would have to incur to eliminate the nuisance, and the benefits of allowing the nuisance to continue. Here, the action is suited to the town (and the town needs it), Tony's property value has been only minimally effected, the cost of closing the landfill would be high (remember, the town spent millions of dollars sending its trash somewhere else) and having a convenient place for trash removal is a benefit to the town. That being the case, the benefit the landfill brings outweighs the harm it does. Tony's suit will therefore fail and the correct answer is D.
Incorrect! There are four factors used in weighing harm and benefit: whether or nor defendant's action is properly suited to the neighborhood where it takes place, the values of both plaintiffs and defendant's properties, the cost that defendant would have to incur to eliminate the nuisance, and the benefits of allowing the nuisance to continue. Here, the action is suited to the town (and the town needs it), Tony's property value has been only minimally effected, the cost of closing the landfill would be high (remember, the town spent millions of dollars sending its trash somewhere else) and having a convenient place for trash removal is a benefit to the town. That being the case, the benefit the landfill brings outweighs the harm it does. Tony's suit will therefore fail and the correct answer is D.
Question 7
Ralphie is an avid collector of modern art. One of his favorite pieces is a sculpture made out of old soup cans, tin foil and duct tape. Ralphie places the sculpture in his backyard so that he can look at it whenever he sits on his porch. Unfortunately, Tony, who lives next door to Ralphie and who hates the sculpture, can also see it from his porch. In fact, Tony hates the sculpture so much that he does not go out onto his porch anymore. If Tony tries to get Ralphie to remove the sculpture by suing him for nuisance, Tony will probably win:
Correct
Incorrect!
Correct Unfortunately for Tony, aesthetic considerations are not taken into account in determining a nuisance. Thus, an ugly statue or other display of art or decoration will not give rise to a cause of action for nuisance no matter how much it bothers plaintiff. That being the case, Tony's suit will fail and the correct answer is FALSE.
Incorrect! Unfortunately for Tony, aesthetic considerations are not taken into account in determining a nuisance. Thus, an ugly statue or other display of art or decoration will not give rise to a cause of action for nuisance no matter how much it bothers plaintiff. That being the case, Tony's suit will fail and the correct answer is FALSE.
Question 8
Rawhide, Inc. builds a tannery in Curley's neighborhood. The tannery gives off foul odors that Curley can smell from his property. If Curley sues the tannery for nuisance and wins, the court will probably award:
Correct
Incorrect!
Correct
Incorrect!
Correct If a nuisance is perpetual, which most nuisances are, the remedy granted to plaintiff will be an injunction. In other words, a court will order defendant to stop engaging in the act that is causing the nuisance. Because the nature of the nuisance here is a foul odor which will not go away unless Rawhide stops engaging in his actions as a tanner, the court will force Rawhide to close or modify his tanning business so as to eliminate the nuisance. Therefore, the correct answer is C.
Incorrect! If a nuisance is perpetual, which most nuisances are, the remedy granted to plaintiff will be an injunction. In other words, a court will order defendant to stop engaging in the act that is causing the nuisance. Because the nature of the nuisance here is a foul odor which will not go away unless Rawhide stops engaging in his actions as a tanner, the court will force Rawhide to close or modify his tanning business so as to eliminate the nuisance. Therefore, the correct answer is C.