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MMLU / While relaxing at poolside one Sunday afternoon, a homeowner was struck by a…

Problem

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question

While relaxing at poolside one Sunday afternoon, a homeowner was struck by a golf ball driven by a 14-year-old boy who was playing the ninth hole at the local golf course. The fairway for the ninth hole was 65 feet wide and 437 yards long, with a dogleg in an easterly direction. Between the fairway and the homeowner's property was a "rough," containing brush and low-lying trees. The boy had hit a towering shot down the middle of the fairway that deflected off a tree and struck the homeowner in the head. The homeowner brought suit against the boy for his injuries suffered when he was hit by the golf ball. At trial, the boy offered uncontested evidence that golf balls from the golf course regularly traversed onto the homeowner's property two to three times a day. Which of the following statements is most accurate regarding the boy's liability for trespass?

choices

  1. The boy is not liable, because he did not intentionally cause the golf ball to traverse onto theplaintiff's property.
  2. The boy would be liable for the unpermittedintrusion of the golf ball onto the plaintiff'sproperty.
  3. Because the plaintiff should have reasonablyanticipated that living next to a golf coursewould result in stray golf balls landing on hisproperty, the boy would not be held liable.
  4. Because the golf ball did not substantiallyinterfere with the plaintiff's use and enjoymentof his land, the boy would not be held liable.

subject

professional_law

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