Next Generation Bar Exam Quiz
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Section 6 of the state Private Nuisance Act provides:
An intentional invasion of another's interest in the use and enjoyment of land is unreasonable if:
(a) the gravity of the harm outweighs the utility of the defendant's conduct; or
(b) the harm caused by the conduct is serious, and the defendant's payment of damages to the plaintiff would be feasible without destroying the defendant's enterprise.
A rendering plant emits odors onto a neighboring vineyard. The odors do not harm human health, but they make the vineyard's grapes unmarketable, causing losses of $200,000 per year. The plant earns $10 million per year, and installing odor controls would cost $8 million. The plant could pay the vineyard's annual damages without going out of business. The plant continues its operations knowing the odors will reach the vineyard. In a bench trial, the court finds that the utility of the plant's operation, considering jobs and services, outweighs the gravity of the harm to the vineyard. The vineyard sues for damages.
Under Section 6, which is correct?
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