This is an closed book examination. The examination takes place in a mythical jurisdiction which has little law, but is strongly influenced by precedents from other states. If the other states split on a particular issue, you should discuss the different possibilities and the most likely outcome. Any case sounding in nuisance shall be deemed outside the jurisdiction of the courts in this exam. The deed is recorded.
Developer plans to build a residential community.
To finance the project, the Developer arranges for a short term loan that will permit him to build and sell two or three homes. The Developer expects that the money he raises from the first sales will help to secure financing for the rest of the project. The preliminary reports indicate that the soil is badly contaminated by pesticides, including pesticides such as DDT that have since been banned. Developer, who is concerned that these reports may scuttle the project, tells no one about the results. He chooses the least contaminated portion of the property for initial construction, replaces the topsoil, and builds two new homes.