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MMLU-Pro / 1344 / A homeowner buys a new leaf blower and is so impressed with its power that he…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A homeowner buys a new leaf blower and is so impressed with its power that he gets carried away and blows large amounts of his work onto the next door neighbor's yard. In addition to leaves, he also blew large amounts of pest-infested plant debris onto the neighbor's property. The material has accumulated into large, unsightly piles and caused damage to the neighbor's healthy plants. He has to pay workers to haul the material away and he incurs expenses to replace infected perennials. The neighbor sues for the tort of trespass. The homeowner files a motion to dismiss because the neighbor cannot prove that homeowner acted with an intent to trespass or to do harm. Will the court grant the motion to dismiss?

category

law

options

  1. Yes, because the homeowner expected the wind to carry the debris away and did not think that it would accumulate on the neighbor's property.
  2. No, because the homeowner's actions resulted in a direct invasion of the neighbor's property.
  3. Yes, because the debris was not intentionally directed at the neighbor's property.
  4. Yes, because the homeowner was not aware of the pest-infested debris.
  5. No, because the neighbor was able to prove financial loss from the damage caused.
  6. No, because trespass is based on an intentional act of entering the land or sending something onto the land, and the actor does not have to intend harm to be liable for the tort.
  7. Yes, because the homeowner had no practical way of controlling where the material went and he acted without malice or ill will.
  8. Yes, because the homeowner did not physically enter the neighbor's property.
  9. No, because the infected debris constituted an abnormally dangerous condition and homeowner could be held strictly liable for the trespass.
  10. No, because the act of blowing debris onto the neighbor's land constitutes a trespass regardless of intent.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1344
task_id
2ca4e4ed-995a-5e81-a17f-50caafc95ef1
task_key
default--test--1344
task_revision_id
1
config / split
default / test

Official source

initial import