Author Question: A landholder wants to live off the grid, so the landholder diverts some of the flow of a stream into ... (Read 228 times)

clippers! · **on:** Aug 3, 2018

A landholder wants to live off the grid, so the landholder diverts some of the flow of a stream into
a holding pond. The landholder then allows some of the water to leave the artificial pond, so as to turn
a waterwheel that will generate electricity. The water then flows back into the stream. A sudden deluge
causes water to spill over the edge of the pond, and sends water into the rising waters of the stream.
Downstream, a second landholder's property is damaged due to the overflowing stream. Will the first
landholder face be found strict liable for the damages caused to the second landholder's property?

A) yes, because the first landholder knew or should have known that flooding was possible
B) no, because the second landholder's property had been flooded before
C) no, because the first landholder did not intend to cause harm to the property of the second
landholder
D) yes, because creating the pond was an inherently dangerous activity

Question 2

A robber points a gun at a victim, who draws out a knife and slashes the robber, ending the attack. If the robber sues the victim, the robber will lose because the victim used a reasonable amount of force.

Indicate whether the statement is true or false