Asked by Manisha Reddy on Jul 12, 2024
Verified
After the MCLeans filled their swimming pool, which was recently built in their backyard, swarms of bees came regularly for water. The bees stung everyone including the dog and made it impossible for the MCLeans to enjoy the use of their pool. Unknown to the MCLeans when they had the pool installed, their neighbour Springborn had bee hives on his property. On these facts, which of the following is true?
A) The MCLeans have an action against Springborn for nonfeasance.
B) The MCLeans have an action against Springborn for nuisance.
C) The MCLeans have an action against Springborn under the Occupiers' Liability Act.
D) The MCLeans have an action against Springborn for nuisance and also under the Occupiers' Liability Act.
E) Springborn would successfully use the defence of absolute privilege.
Nuisance
An act, condition, or thing that is illegal because it interferes with the rights of others, specifically in terms of their comfort, health, or safety.
Occupiers' Liability Act
Legislation that outlines the duty of care owed by individuals or entities that control land or buildings to those who enter the premises.
Nonfeasance
The failure to perform an act that one has a duty to perform, often resulting in liability.
- Differentiate between types of torts such as conversion, defamation, deceit, nuisance, and negligence.
Verified Answer
SE
Sandra Eliza SajiJul 14, 2024
Final Answer :
B
Explanation :
The MCLeans can bring an action against Springborn for nuisance because the bees from Springborn's property are interfering with the MCLeans' enjoyment of their property. Nonfeasance (A) generally refers to a failure to act, which doesn't directly apply here. The Occupiers' Liability Act (C) typically concerns the safety of people entering onto someone's land, which isn't the primary issue in this scenario. Combining nuisance with the Occupiers' Liability Act (D) is not applicable because the latter does not relate to the harm caused by bees from a neighboring property. Absolute privilege (E) is a defense typically used in defamation cases, not relevant to this situation.
Learning Objectives
- Differentiate between types of torts such as conversion, defamation, deceit, nuisance, and negligence.