Asked by Jared Bernardi on Apr 26, 2024
Verified
Seth owns a large plot of land on which he plants pear trees. These pears are his sole income and have earned him a reputation as a premier grower. His neighbour owns two horses which constantly break through the fence separating the two properties and maraud Seth's pear trees, costing him lost profits, decreasing production and causing general damage to the orchard. Seth would have valid grounds for a claim of nuisance.
Nuisance
An act, condition, or thing causing inconvenience or annoyance to others, legally actionable if it affects one's use or enjoyment of their property.
Pear Trees
Fruit-bearing trees of the genus Pyrus, known for their sweet, edible fruits.
Lost Profits
The potential income that a business could have generated, but was unable to due to a specific event or action.
- Gain an understanding of the duty of care principle and the anticipation of risk in negligence litigation.
- Explore the principle of premises liability, including the obligations of property holders towards guests and unauthorized entrants.
Verified Answer
NB
Nafisha BarkerMay 02, 2024
Final Answer :
True
Explanation :
Seth has valid grounds for a nuisance claim because his neighbor's horses are causing substantial and unreasonable interference with his use and enjoyment of his property by damaging his pear trees, leading to lost profits and decreased production.
Learning Objectives
- Gain an understanding of the duty of care principle and the anticipation of risk in negligence litigation.
- Explore the principle of premises liability, including the obligations of property holders towards guests and unauthorized entrants.