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

Answer to Q3 is Option B i.e. Allowing thick smoke from your manufacturing operations to drift continually over an adjoining landowner's land.

Nuisance is that which causes offence, injury or trouble. whereas Trespass is  "wrongful interference with one's possessory rights in real property".

In option B, it is creating a trouble trough Smoke.

Answer to Q4 is option C i.e Martha can recover from the driver because driver set up the dangerous situation and martha got injured because of this situation

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