See If You Can Answer This MBE Question!

A factory is located in a sparsely settled rural area. The factory emits noxious odors over a 5-mile radius. The factory could install equipment to reduce the odors, but such equipment is extremely expensive and not typically used in the industry. The odor carries from the plant to a bed and breakfast causing it to lose business as guests were repulsed by the odors. The bed and breakfast could have installed filters in the building to reduce the smells, but did not do so–Because the cost of installing the filters was very high and would not likely help their business as many people visited the bed and breakfast for the outdoors. In a suit for damages by the bed and breakfast based on the factory’s negligence, will the bed and breakfast prevail?


(A)No, because the bed and breakfast did nothing to mitigate damages.

(B)Yes, because use of available equipment would have reduced the emissions.

(C)Yes, because operation of the factory constituted a nuisance.

(D)No, because the factory was not negligent.