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MMLU-Pro / 1091 / The city installed a sewer line across a residential subdivision. The city…

Problem

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question

The city installed a sewer line across a residential subdivision. The city acquired a valid easement for construction of the sewer from the development company that owned the subdivision. One year later a buyer purchased a house within the subdivision. Unknown to the buyer, the sewer line ran across his property, approximately 10 feet beneath the foundation of his home. The deed that the buyer received from the grantor, the development company, made no mention of the easement. Ten years after the buyer purchased his house, a crack in the sewer line caused water to leak into the buyer's basement. The flooding resulted in extensive damage to his home. The city has abolished governmental immunity. In an appropriate action by the buyer against the city to recover damages, the plaintiff will probably

category

law

options

  1. prevail, only if the sewer line was negligently maintained.
  2. prevail, because the city has abolished governmental immunity.
  3. prevail, because the city failed to disclose the presence of the sewer line.
  4. prevail, only if the city was aware of the crack in the sewer line.
  5. not prevail, because the damage was not foreseeable.
  6. not prevail, because the sewer line was installed before the buyer purchased the property.
  7. prevail, because under the circumstances, the sewer line constituted a public nuisance.
  8. not prevail, because the deed did not mention the easement.
  9. not prevail, because the city had acquired a valid easement for the sewer line.
  10. not prevail, because the easement was acquired legally.

src

ori_mmlu-professional_law

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