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Nuisance
Torts II - Nuisance
| Question | Answer |
|---|---|
| Public Nuisance | An unreasonable interference with a right common to the general public |
| I. Public Nuisance II. Private Nuisance III. Defenses | I. A. Public Rights B. Unreasonable Interference C. Special Injury Rule/Standing II. A. Duty B. Interference w/ Use & Enjoyment C. Damages v. Injunctive Relief |
| Nuisance Types | Public Nuisance - unreasonable interference with a right common to the general public Private Nuisance - Unreasonable interference with plaintiff's private use & enjoyment of real property |
| Public Nuisance & Unreasonable Interference | Conduct that: 1. Involves Substantial Interference with public health, safety, peace, comfort, convenience, morals 2. Proscribed by statute, ordinance, administrative regulation; or 3. Continuing/permanent, significant detrimental effect on public righ |
| Public Nuisance, standing to sue | Generally, governmental entity eforces public nuisances |
| Special Injury Rule - Hercules | Private individual may bring public nuisance claim: * suffers harm of "a kind different" from other members of the public "exercising the right common to the public" that was the subject of the interference |
| Private Nuisance | Unreasonable interference with the plaintiff's use and enjoyment of real property |
| Private Nuisance, proper plaintiffs | D owes a duty to: * Neighboring land occupiers * NOT purchasers/tenants of D's property |
| Private Nuisance, key requirements | * Proper P/Duty owed to P - neighboring land occupiers * Tortious conduct by D - intentional, negligent, or strict liability act * Substantial, unreasonable interference with P's use & enjoyment of land |
| Private Nuisance, Forms of relief | 1. Damages 2. Injunction 3. Self-help abatement |
| Nuisance per se | At all times, under any circumstances, in any location |
| Nuisance per accidens | By reason of location, or by the manner constructed, maintained, or operated |
| Private Nuisance - Requirements of P's Harm | * Interference w/ P's use & enjoyment * Substantial interference * Unreasonable interference * P's possessory right to the property |
| Private Nuisance - Substantial Interference | * Real and appreciable * More than slight inconvenience * "Ordinary person" in P's position would take offense |
| Private Nuisance - Unreasonable Interference (Restatement) | * Balance of the Equities (R>U) * Serious harm to P and compensation by D feasible * Severe harm greater than P should have to bear without compensation |
| Private Nuisance - Balancing of the Equities | If U>R - interference is NOT a nuisance R = gravity of harm to P's use and enjoyment U = Utility of D's activities |
| Private Nuisance - RS Factors, Utility of D's Activities | * Purpose of D's conduct * Social Value of Purpose * Location Suitability for D's Use |
| Private Nuisance - RS Factors, Gravity of Harm (R) | * Extent & Duration * Nature/Character of harm * Social value of P's use of property * Location suitability for P's use * Burden on P to avoid the harm |
| Private Nuisance - Serious Harm Rule | Unreasonable interference may exist if: * Harm to P is serious * Payment of damages feasible, AND * Payment will NOT put D out of business |
Created by:
PrGrd
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