Nusiance

Question 1

Nuisance

Answer 1

People should use their property in a way as to not injure other people’s property or interfere with their use of property

Question 2

Public Nuisance

Answer 2

Is an unreasonable interference with a common right to the general public.

1) activity that is injurious to public health
2) indecent or offend the senses
3) An obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property.
4) conduct is unreasonable if it violates law
5) interferes significantly with pblic gihts or producing long lasting effects which the actor knew or should have known.

Question 3

Private Nuisance

Answer 3

1) Is the substantial, non-tresspassory invasion of the use and/or enjoyment of land caused by unintentional activity that is

Negligent, reckless, Ultrahazardous, or

intentional and unreasonable

Question 4

Intentional

Answer 4

means acting with purpose of causing invasion or acting in the knowledge that invasion is substantially certain to occur

Question 5

Unreasonable

Answer 5

1) Depends on JXN
2) Jost (majority) Measures the bad effect of D’s activity on P without balancing benefits of D’s activities to D or the community
3) Restatement test balances benefit of activity against cost to P and finds a nuisance only when the gravity of harm outweighs utility of D’s activity.

Question 6

Assumptions of Unreasonable tests

Answer 6

1) Assumes a person or ordinary sensitivity; no eggshell P’s.
2) Supersensitive P’s cant state a claim for nuisance unless a person of ordinary sensitivity would have the same experiance

Question 7

Remedies for Nuisance

Answer 7

are damages for past harm or permanent damages for future harm

*permanent damages usd to be disfavored but are now favored when benefit outweighs the harm.

Question 8

Injunction abating the nuisance

Answer 8

Court will balance hardships on equities, I.E. ability to pay

If P came to nuisance, he is likely ordered to pay for its abatement.