After the Leans began to use their new swimming pool,they found that they could not enjoy 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?
A)The Leans would have to sue in nuisance if they hope to succeed.
B)The Leans could sue for assault.
C)The Leans can sue for trespass.
D)This is an example of strict liability and there is nothing the neighbour can do to avoid liability in these circumstances.
E)There is nothing the Leans can do.

Question

Quizplus · Accepted Answer

The legal term for the situation the Leans are experiencing is "private nuisance," which is a type of tort law. To succeed in a private nuisance lawsuit, the Leans would need to show that the smell from the chicken coop is a substantial and unreasonable interference with their use and enjoyment of their property. They would also need to show that their neighbor is aware of the nuisance or should reasonably be aware of it. There is no basis for assault or trespass claims, nor is this an example of strict liability. The Leans do have legal options and can sue in nuisance.

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