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LEGAL EXAM HYPOTHETICAL #1 TORTS:
Dot and Phil are adjoining landowners. Dot inherited her property, on which her now deceased father operated a gasoline station, but she closed the station two years ago. She did not drain the underground gasoline storage tanks which her father had installed many years earlier. One tank has developed a leak and gasoline draining from it has percolated through the soil into a well on Phil's land. That well is Phil's only source of water for the cattle he raises. He also uses the well water for his bottled water business.
Phil had his well water tested when his cows became ill and some died. He discovered the contamination and immediately stopped bottling the water. Some of the customers who had purchased bottles of contaminated water from retail sellers became ill.
Dot has refused to remove the leaking tank even though Phil has told her of the damage it is causing. Phil has been forced to sell his remaining cattle at a loss, but before he could do so he had to tear down Dot's fence and drive the cows across her land to reach uncontaminated water in her pond.
Discuss all issues that will be raised by the parties involved.
(Issues)