Comments on: July 2010 MBE Question of the Day #54 http://barexambrief.com/2010/07/23/july-2010-mbe-question-of-the-day-54/ All things related to studying for and passing the bar exam, brought to you by the staff of MicroMash Bar Review Tue, 07 Feb 2012 20:33:11 +0000 hourly 1 http://wordpress.org/?v=3.2 By: Sherry MacManes http://barexambrief.com/2010/07/23/july-2010-mbe-question-of-the-day-54/comment-page-1/#comment-2937 Sherry MacManes Sun, 25 Jul 2010 15:25:02 +0000 http://barexambrief.com/?p=1926#comment-2937 I will go with B. I will go with B.

]]> By: Dina Allam http://barexambrief.com/2010/07/23/july-2010-mbe-question-of-the-day-54/comment-page-1/#comment-2900 Dina Allam Sat, 24 Jul 2010 17:20:46 +0000 http://barexambrief.com/?p=1926#comment-2900 Answer C is correct. A landowner has a cause of action in private nuisance against a neighbor who unreasonably interferes with the landowner's use and enjoyment of his own land. If the fertilizer company's use of manure unreasonably interfered with the plaintiff's use and enjoyment of his land, then by definition the fertilizer company has created a nuisance and the plaintiff has a cause of action. The other responses describe evidence that would be relevant on the issue of the reasonableness and social utility of the defendant's conduct which are important considerations, but such considerations alone are not enough to determine the outcome of the suit, as they purport to do. Answer A is incorrect. Evidence of the fertilizer company's conformity with industry practice bears upon the reasonableness of the defendant's conduct, but is not dispositive. Where the interference with the plaintiff's use and enjoyment of the property is substantial and unreasonable, there is a nuisance even if the defendant's activity is in conformity with the industry. Answer B is incorrect. Evidence that bagged manure would increase the fertilizer company's costs bears on the reasonableness of the defendant's conduct, but is not dispositive. The cost of using bagged manure will be weighed against the interference with the plaintiff's use of his property to determine whether the defendant's conduct is unreasonable. Answer D is incorrect. An action for nuisance will lie only if one neighbor is affected. This fact will be relevant only in fashioning a remedy, where a sole plaintiff may not be allowed to enjoin the offensive conduct, but will be allowed to recover damages. Answer C is correct. A landowner has a cause of action in private nuisance against a neighbor who unreasonably interferes with the landowner’s use and enjoyment of his own land. If the fertilizer company’s use of manure unreasonably interfered with the plaintiff’s use and enjoyment of his land, then by definition the fertilizer company has created a nuisance and the plaintiff has a cause of action. The other responses describe evidence that would be relevant on the issue of the reasonableness and social utility of the defendant’s conduct which are important considerations, but such considerations alone are not enough to determine the outcome of the suit, as they purport to do.

Answer A is incorrect. Evidence of the fertilizer company’s conformity with industry practice bears upon the reasonableness of the defendant’s conduct, but is not dispositive. Where the interference with the plaintiff’s use and enjoyment of the property is substantial and unreasonable, there is a nuisance even if the defendant’s activity is in conformity with the industry.

Answer B is incorrect. Evidence that bagged manure would increase the fertilizer company’s costs bears on the reasonableness of the defendant’s conduct, but is not dispositive. The cost of using bagged manure will be weighed against the interference with the plaintiff’s use of his property to determine whether the defendant’s conduct is unreasonable.

Answer D is incorrect. An action for nuisance will lie only if one neighbor is affected. This fact will be relevant only in fashioning a remedy, where a sole plaintiff may not be allowed to enjoin the offensive conduct, but will be allowed to recover damages.

]]> By: BC http://barexambrief.com/2010/07/23/july-2010-mbe-question-of-the-day-54/comment-page-1/#comment-2885 BC Sat, 24 Jul 2010 03:54:55 +0000 http://barexambrief.com/?p=1926#comment-2885 C C

]]> By: Jared A. http://barexambrief.com/2010/07/23/july-2010-mbe-question-of-the-day-54/comment-page-1/#comment-2884 Jared A. Sat, 24 Jul 2010 03:25:06 +0000 http://barexambrief.com/?p=1926#comment-2884 I can easily cross out B and D as NOT being the answer. It is down to A and C. The answer is C. I can easily cross out B and D as NOT being the answer.

It is down to A and C.

The answer is C.

]]> By: Lisa http://barexambrief.com/2010/07/23/july-2010-mbe-question-of-the-day-54/comment-page-1/#comment-2878 Lisa Sat, 24 Jul 2010 00:00:23 +0000 http://barexambrief.com/?p=1926#comment-2878 C C

]]> By: Parie http://barexambrief.com/2010/07/23/july-2010-mbe-question-of-the-day-54/comment-page-1/#comment-2873 Parie Fri, 23 Jul 2010 18:42:55 +0000 http://barexambrief.com/?p=1926#comment-2873 c c

]]> By: marie http://barexambrief.com/2010/07/23/july-2010-mbe-question-of-the-day-54/comment-page-1/#comment-2871 marie Fri, 23 Jul 2010 18:28:34 +0000 http://barexambrief.com/?p=1926#comment-2871 answer c. answer c.

]]> By: Charece http://barexambrief.com/2010/07/23/july-2010-mbe-question-of-the-day-54/comment-page-1/#comment-2867 Charece Fri, 23 Jul 2010 17:02:33 +0000 http://barexambrief.com/?p=1926#comment-2867 I am between A and B, but I can't remember the test to use here. Once again, I am grateful for these questions:) I think I'll go with A. I am between A and B, but I can’t remember the test to use here. Once again, I am grateful for these questions:) I think I’ll go with A.

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