Question
Jane moved to a rural area home and installed a hot tub in the side yard. She filled the tub with water in anticipation of
Jane moved to a rural area home and installed a hot tub in the side yard. She filled the tub with water in anticipation of using it. Her property was, however, invaded by hundreds of bees apparently seeking water. As a result of these bees, Jane and her friends and family cannot safely use the hot tub or the side yard from April to September of each year. Silver Maple Apiaries, a licensed honey farm, is located in the area. Silver Maple places its bee hives on the property it leases from Gus who is Jane's neighbour. Jane is now suing both Gus and Silver Maple. Which one of the following is TRUE?
- (1)Because Silver Maple is licensed to raise and keep bees, it is not liable to Jane.
- (2)Because Silver Maple leases the land from Gus, it is liable to Jane under the Occupiers Liability Act.
- (3)Gus is liable to Jane in trespass.
- (4)Silver Maple may be liable to Jane under the tort of private nuisance.
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