After the MCLeans Filled Their Swimming Pool, Which Was Recently

question 42

Multiple Choice

After the MCLeans filled their swimming pool, which was recently built in their backyard, swarms of bees came regularly for water. The bees stung everyone including the dog and made it impossible for the MCLeans to enjoy the use of their pool. Unknown to the MCLeans when they had the pool installed, their neighbour Springborn had bee hives on his property. On these facts, which of the following is true?

• A) The MCLeans have an action against Springborn for nonfeasance.
• B) The MCLeans have an action against Springborn for nuisance.
• C) The MCLeans have an action against Springborn under the Occupiers' Liability Act.
• D) The MCLeans have an action against Springborn for nuisance and also under the Occupiers' Liability Act.
• E) Springborn would successfully use the defence of absolute privilege.

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Definitions:

Current Liability

A financial obligation that is due to be paid within one year or within the normal operating cycle of the business, whichever is longer.

Premium on Bonds Payable

The surplus by which bonds exceed their nominal value when sold.

Contra-Liability Account

An account on a company's balance sheet that reduces the amount of a liability, serving as a negative balance to that liability.

Straight-Line Amortization

A technique for distributing the expense of an intangible asset uniformly across its lifespan.