3. Which of the following is most likely to be classed as a nuisance, rather tha

Question

3. Which of the following is most likely to be classed as a nuisance, rather than as a trespass to land?

A. Leaving smelly, unsanitary garbage on your ex-landlord's land after the expiration of your lease

B. Allowing thick smoke from your manufacturing operations to drift continually over an adjoining landowner's land.

C. Flying over someone's property

D. Firing a gun through an adjoining landowner's airspace

E. Chasing another person onto an adjoining landowner's land

4. A driver stopped at a convenience store to run inside briefly. The driver left the engine running and forgot to set the parking brake. The car suddenly started rolling toward two small children. Martha, a bystander, pulled the two children out of the way of the rolling car. Martha was injured in the process. Can Martha recover from the driver of the car?

A. no, because of an intervening event

B. yes, because of the Good Samaritan rule

C. yes, because the driver set up the dangerous situation

D. no, because of assumption of the risk

Explanation / Answer

3)  Allowing thick smoke from your manufacturing operations to drift continually over an adjoining landowner's land.

4) yes, because the driver set up the dangerous situation

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