Actual Knowledge Required For Negligence
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Torts1
Example wrong choices
20173_insecticide-plant · TORTS · Choice AThe pollen landed only on Daniel's siding and never entered his home or attached garage.
Why it's attractive
Check the nuisance category — the stem says PRIVATE, not PUBLIC
Why it's wrong
Check the nuisance category — the stem says PRIVATE, not PUBLIC
20173_insecticide-plant · TORTS · Choice BThe cost of installing pollen-elimination equipment on Peter's farm would exceed his annual revenue and effectively end his business.
Why it's attractive
Private nuisance protects use and enjoyment of land, not only structures — exterior injury counts
Why it's wrong
Private nuisance protects use and enjoyment of land, not only structures — exterior injury counts
20173_insecticide-plant · TORTS · Choice DPeter did not know the pollen would damage exterior paint when he planted the chamomile.
Why it's attractive
Negligence uses reasonable-person foreseeability, not actual knowledge
Why it's wrong
Negligence uses reasonable-person foreseeability, not actual knowledge
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