After the McLeans filled their swimming pool,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 beehives on his property.On these facts,which of the following is true?
A)The McLeans have an action against Springborn for nuisance.
B)The McLeans have an action against Springborn for assault.
C)Springborn would successfully use the defence of absolute privilege.
D)The McLeans have an action against Springborn under the Occupiers' Liability Act.
E)The McLeans have an action against Springborn for nuisance and also under the Occupiers' Liability Act.

Question

Quizplus · Accepted Answer

The McLeans can claim a nuisance because the bees from Springborn's property are interfering with their enjoyment of their property. Assault is not applicable as it requires intentional harm by Springborn, which is not indicated. Absolute privilege is a defense in defamation cases, not relevant here. The Occupiers' Liability Act typically concerns injuries due to the state of the premises, not actions by bees from a neighbor's property.

After the McLeans Filled Their Swimming Pool,recently Built in Their