5
QuizMultiple Choice

Torts: Strict Liability and Nuisance

Question 5 • Business Law

Clint, Sam's next-door neighbor, was convinced that his property contained a gold mine. He bought some dynamite and started to blast underground one weekend. Sam woke up and thought that an earthquake was occurring, because all of the books, vases, fine china, and glassware were falling from the shelves of his trailer. Clint is liable to Sam under _____.

Answer
A
negligence
B
strict liability
C
nuisance
D
trespass

Explanation

Blasting with dynamite is an abnormally dangerous activity, so the person who carries it out can be held liable for resulting harm even if they took reasonable care. Clint’s blasting caused Sam’s belongings to fall and break, so Clint is liable under strict liability. Negligence would require proof that Clint failed to use reasonable care.

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