Question 23 (1 point) Jane runs a business that creates widgets. Jane purchased

Question

Question 23 (1 point) Jane runs a business that creates widgets. Jane purchased a new machine that increases Jane's productivity 50%. The machine; however, emits a new high pitched sound that can be heard by the adjoining property owners. Steve runs a pre-school next door to Jane's business. His employees are getting severe headaches from the sound. The children are irritable and the parents are pulling them out of school. Steve sues Jane to get an injunction to stop the machine and he also sues for money damages. Jane claims the noise is not severe enough to cause headaches and in any case cannot stop the sound without removing the machine. What is the likely result? 1) Steve will win an injunction and money damages because a landowner is not allowed to create any noise pollution that travels across the property border 2) Jane will be forced to invent a better machine. 3) Steve will not win. Noise is a by-product of a factory and he should get used to it. Steve will win monetary damages but will not win an injunction unless he can show 4) that the hardship imposed on him by the noise is greater than the hardship imposed on Jane by removing the new machine.

Explanation / Answer

1) Steve will win an injunction and money damages because a landowner is not allowed to create any noise pollution that travles across the property border.

In this case as the noise is affecting health and welfare of others hence the community has an obligation to protect its citizens from this environmental menace and as the school students and employees are having psychological issues so this is a violation and hnce Steve ill win this injunction and may also claim money damages.

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