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A landlord owned acreage which she leased to a tenant to use as an explosives testing site. The landlord's neighbour operated a turkey farm on
A landlord owned acreage which she leased to a tenant to use as an explosives testing site. The landlord's neighbour operated a turkey farm on the property adjacent to the acreage. As a result of the explosions taking place at the tenant's site, every year for three years the neighbour's turkeys became distraught and died. Which of the following statements are TRUE?
- The tenant is responsible for the nuisance and will be liable to the neighbour for his losses.
- The landlord is not liable for nuisance because she has no control over what the tenant does on the leased property.
- The landlord is liable to the neighbour in nuisance because she leased the property to the tenant for a purpose which would necessarily cause a nuisance to the neighbour.
- The landlord cannot be responsible for the nuisance created by the tenant because the landlord is not the occupier of the acreage.
- (1)C and D only
- (2)A and C only
- (3)A and B only
- (4)B and D only
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