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MMLU-Pro / 1904 / A businessman is the owner of a pet products company, which is engaged in the…

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question

A businessman is the owner of a pet products company, which is engaged in the manufacture and sale of a variety of pet supplies. The businessman's company manufactures such products as pet furniture, toys, beds, collars, leashes, cages, and vitamins. These items are distributed to pet stores throughout the United States and Europe. For many years, the company has conducted its operations from a large factory located in a small town in the southern part of the state. One of the businessman's biggest selling products is specially manufactured high-frequency dog-calling whistles. These whistles are sold to dog-training schools and canine divisions of many police departments. Although these whistles are not audible to people, they are audible to dogs over considerable distances. Two years ago, a breeder purchased an undeveloped lot in the small town in which the company's factory was located. On her property, the breeder constructed a pet hotel, which was used as a boarding kennel for dogs and cats. This boarding facility was situated about 100 yards from the company's factory. Unknown to the breeder, high-frequency sound waves often emanated from the company's factory when dog-calling whistles were being tested. These sound waves caused the breeder's dogs to howl uncontrollably for many hours during the day and seriously interfered with the operation of her business. The breeder now brings an action against the businessman and the company to recover damages for the interference with her business caused by the high-frequency sound that reaches her kennel. The court should rule in favor of

category

law

options

  1. the breeder, because the businessman failed to notify the breeder about the high-frequency sound waves.
  2. the businessman, because the breeder's business is abnormally sensitive to harm caused by the high-frequency sound waves.
  3. the businessman, because the breeder came to the nuisance after his factory had already been in operation for a number of years.
  4. the breeder, because the businessman intentionally did not inform about the high-frequency sound waves.
  5. the breeder, because the businessman is manufacturing a product that is causing harm to her business.
  6. the businessman, because the high-frequency sound waves do not harm people or the environment.
  7. the breeder, because the high-frequency sound waves constitute a trespass to her premises.
  8. the businessman, because the breeder should have soundproofed her kennel.
  9. the businessman, because the breeder should have done a thorough investigation before purchasing the property.

src

ori_mmlu-professional_law

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