torts2 lecture 3

Question 1

what is the fundamental q of private nuisance

Answer 1

By what standard, as against the interests of a neighbor, is one’s right to use his real estate to be measured?
The inquiry always is:
What is reasonable under the circumstances.

Question 2

substantial, unreasonable interference

Answer 2

Substantial Interference
Offensive, inconvenient, or annoying to an average person in the community.
Do we take our plaintiffs as we find them?
Unreasonable Interference
The severity of the inflicted injury must outweigh the utility of defendant’s conduct.

Question 3

coming to the nuisance?

Answer 3

it is a defense that loses. remember the dog sitting case with st Bernards

Question 4

what is the balance?

Answer 4

value of D’s operations to pltfs property damage

cost to business/cost to community

Question 5

public nuisance

Answer 5

Restatement of the Law (Second) of Torts, p. 638
“A public nuisance is
an unreasonable interference
with a right common to the general public.”

Question 6

public nuisance 2

Answer 6

Requires proof “that a defendant’s activity unreasonably interferes with the use or enjoyment of a public right and thereby causes the public-at-large substantial and widespread harm.”