A factory uses an industrial process that puts a large amount of heavy metals into the atmosphere. Most of it settles to the ground within a few miles of the factory. While it is not immediately harmful nor detectable, nearby residents cannot safely grow a garden or collect rainwater, for example.

Which tort best fits the situation described above?

Question $37$Answer

a$.$

Trespass

b$.$

Money had and received on a mistake of fact

c$.$

Battery

d$.$

Nuisance