After the Leans began to use their new swimming pool,they found that they could not use it because of the smell coming from their neighbour's chicken coop.They knew of the chickens when they moved in but had no idea that the smell could be so overpowering,especially during the summer.Which of the following is true with regard to the legal position of the parties?

Question

Quizplus · Accepted Answer

The legal remedy for the Leans in this situation would be to sue in nuisance. Nuisance can be caused by an unreasonable interference with the use and enjoyment of one's property, and the overpowering smell from the chicken coop could be considered such an interference. Strict liability, as in option C, would only apply if the neighbor had engaged in an ultrahazardous activity that caused harm to the Leans. Trespass and assault, as in options D and E, are not applicable in this situation.

After the Leans Began to Use Their New Swimming Pool,they