Bar Exam (US) Torts: Peter Petsky is the owner of Pet Products Company that is engaged in the ma...

Question

Peter Petsky is the owner of Pet Products Company that is engaged in the manufacture and sale of a variety of pet supplies. Peter's company manufactures such products as pet furniture, toys, beds, collars, leashes, cages, vitamins etc. These items are distributed to pet stores throughout the United States and Europe. For more than ten years, Pet Products has conducted its operations from a large factory located in the town of Bismark. One of Peter's biggest selling products is specially manufactured high frequency dog-calling whistles. These whistles are sold to dog training schools and kennel divisions of many police departments. Although these whistles are not audible to people, they are audible to dogs over considerable distances.

Last year Rula Lenska purchased an undeveloped lot in Bismark. On her property Rula constructed a Pet Hotel that was used as a boarding kennel for dogs and cats. This boarding facility was situated about 100 yards from Peter's factory. Unknown to Rula, high frequency sound waves often emitted from Peter's factory when dogcalling whistles were being tested. These sound waves caused Rula's dogs to howl uncontrollably for many hours during the day and seriously interfered with the operation of her business.

Rula now brings an action against Peter and the Pet Products 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

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Peter, because Rula came to the nuisance after his factory had already been in operation for a number of years.
  2. B
    Correct Answer
    Peter, because Rula's business is abnormally sensitive to harm caused by the high frequency sound waves.
  3. C
    Correct Answer
    Rula, because the high frequency sound waves constitute a trespass to Rula's premises.
  4. D
    Correct Answer
    Rula, because the high frequency sound waves have seriously interfered with the operation of her business.
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