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MMLU / A man and a woman owned adjoining pieces of land. The man moved a giant magnolia…

Problem

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question

A man and a woman owned adjoining pieces of land. The man moved a giant magnolia tree from another section of his property and had it replanted on his property at a spot just 10 feet from the woman's property. At that time, the woman protested that by locating the tree so close to her land, the man was increasing the risk of injury to the woman's greenhouse, in which the woman cultivated prizewinning flowers. Hurricanes are quite common in the area. Severalyears after the replanting of the tree, in the midst ofa hurricane, the tree fell on the woman's greenhouse,destroying rare and valuable plants valued at$25,000. The woman asserted a claim against the man to recover damages for the harm caused by the tree falling on the greenhouse. During trial, the only evidence the woman presented was that the hurricane uprooted the tree, causing it to fall onto her property, and thereby resulting in the damage as claimed. At the end of the woman's case, the man moved for a directed verdict. The man's motion will most likely be

choices

  1. granted, because the woman did not produce any evidence to show that the man was negligent.
  2. granted, because the woman's damages resulted from an act of God.
  3. denied, because hurricanes were common in the area.
  4. denied, because the trier of fact may still infer liability for trespass.

subject

professional_law

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Source and history

task_id
69033a61-e7ba-54d5-8974-bfe96be1dad5
task_key
all--test--69033a61-e7ba-54d5-8974-bfe96be1dad5
task_revision_id
1
config / split
all / test

Official source

initial import