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

Problem

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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?

choices

  1. No, because the infected debris constituted an abnormally dangerous condition and homeowner could be held strictly liable for the trespass.
  2. 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.
  3. Yes, because the homeowner had no practical way of controlling where the material went and he acted without malice or ill will.
  4. 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.

subject

professional_law

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Source and history

task_id
fc4eb859-e569-5141-8466-7e1ce44aba97
task_key
all--test--fc4eb859-e569-5141-8466-7e1ce44aba97
task_revision_id
1
config / split
all / test

Official source

initial import