After the Leans Began to Use Their New Swimming Pool

question 29

Multiple Choice

After the Leans began to use their new swimming pool, they found that they could not use it because of the smell coming from their neighbour's chicken coop. They knew of the chickens when they moved in but had no idea that the smell could be so overpowering, especially during the summer. Which of the following is true with regard to the legal position of the parties?

• A) There is nothing the Leans can do.
• B) The Leans' legal action would be in nuisance.
• C) This is an example of strict liability and there is nothing the neighbour can do to avoid liability in these circumstances.
• D) The Leans can sue for trespass.
• E) The Leans could sue for assault.