A family buys a country home next to a long-established hog farm. After closing they sue the farmer in nuisance over the smell, but the farm's manure handling is a normal farm practice. Under the Farming and Food Production Protection Act, 1998, what is the likely outcome?
Correct Answer
A) The claim fails, because a farmer is not liable in nuisance for disturbance from a normal farm practice
Section 2(1) of the Farming and Food Production Protection Act, 1998 says a farmer is not liable in nuisance for a disturbance resulting from an agricultural operation carried on as a normal farm practice, and odour is a listed disturbance. Section 2(2) also bars a court from issuing an injunction stopping the operation because it causes a disturbance.
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