340. Refer to Fact Pattern 18-1. Janet lives 2 miles down from Happy Feet. She uses the Gallatin to water her llama
herd. She noticed that water from the river has a funny odor and the llamas became sick. Under common law,
what action may Janet take against Happy Feet?
a. she may sue for conversion
b. she may sue for nuisance
c. she may sue for a violation of her riparian rights
d. b and c
e. a, b and c
341. Refer to Fact Pattern 18-1. If Janet were to sue Happy Feet for trespass of her property, she would need to prove:
a. a direct breach of the boundaries of her land
b. a physical invasion of land by vapors
c. a completely unreasonable interference with the use of her land
d. economic interference that may cause bankruptcy if Happy Feet’s actions are not enjoined
e. intent by Mr. LeFleur to pollute Janet’s property
342. Refer to Fact Pattern 18-1. If a Montana court were to follow the decision reached by the New York court in
Whalen v. Union Bag & Paper Co., the Montana court would probably hold that Janet could:
a. not hold Happy Feet liable, because the plant produced too much economic good and not enough harm
b. enjoin Happy Feet from discharging sludge because this discharge violated her riparian rights
c. not enjoin Happy Feet from discharging sludge because she held no common law rights to the river
d. only sue Happy Feet for a breach of the boundaries of her property
e. only sue for the emotional distress Happy Feet caused her llamas