Fact Pattern 18-1 Jean LeFleur, Owner of Happy Feet, a Company That Makes

question 165

Multiple Choice

Fact Pattern 18-1
Jean LeFleur, owner of Happy Feet, a company that makes environmentally-sensitive foot wear, decided to move operations from Los Angeles to Bozeman, Montana. LeFleur wanted to be in an area noted for environmental quality. He built a new plant that produced oil-based sludge from its production process. The sludge could have been treated at the plant. But LeFleur decided that treatment was too costly, so the company dumped sludge into the Gallatin River, which runs through Happy Feet property. Other sludge was buried in drums in a field at night.
-Refer to Fact Pattern 18-1. Janet lives 2 miles down from Happy Feet. She uses the Gallatin to water her llama herd. She noticed that water from the river has a funny odor and the llamas became sick. Under common law, what action may Janet take against Happy Feet?

• A) she may sue for conversion
• B) she may sue for nuisance
• C) she may sue for a violation of her riparian rights
• D) b and c
• E) a, b and c

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Definitions:

Industrialized Country

A country characterized by a significant level of industrialization, with a major part of its economy focused on manufacturing and services.

Infant Mortality Rate

The statistical measure of deaths of infants under one year old per 1,000 live births, indicating health and social conditions.

Life Expectancy

The average number of years an individual or population is expected to live, based on statistical measures considering current death rates.

Infant Mortality Rate

The rate at which infants under one year of age die in a given population per 1,000 live births in a year.