Q: Advise Lisa whether she can make a claim against the factory (do not discuss defences).
Lisa and her father moved three years ago to live next to the Tropichem Co Ltd which is a factory that produces toxic chemicals. The factory is in the manufacturing district of the island. Lisa's father has a nervous condition which has worsened because of the constant noise from the factory. Lisa loves gardening and has been planting fruits in her front yard, which she sells to help her son through law school. The plants were doing well when she moved in initially but after a few months they stopped bearing fruit and have started to die. They all appear to be burnt.
A:
If this is an actual situation, you could consider reaching out to an attorney who handles toxic tort matters. If it is a hypothetical problem that you are researching for educational purposes, you need to examine it from the standpoint of nuisance theory, not defamation theory. Nuisance generally involves an unlawful interference with land or some right that runs with the land. Look at your analysis from that perspective - that will point you in the right direction. Good luck
Tim Akpinar
A:
A minute ago, I should have been more precise and written, "interference with the USE OR ENJOYMENT of land." I apologize for the omission. Good luck
Tim Akpinar
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