For which kind of tort could the contractor be held liable


A contractor used dynamite to loosen a rocky hillside. The blast from the dynamite caused a house foundation to crack. The house was located over a half-mile away from the dynamite site. The contractor was careful when using the dynamite and no allegation of negligence is made. However, the house owner claims the contractor is liable for damage to the foundation.

1. For which kind of tort could the contractor be held liable? Explain.

2. Does the home owner need to prove breach of duty or foreseeable harm? Why or why not?

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