nuisance Flashcards
1
Q
private nuisance factors and remedy
A
o Value of D’s activity;
o Whether there are alternatives;
o Nature of locality;
o Extent of P’s injury; and
o Who was there first? (used to be a defense now just a factor)
injunction and damages are inadequate due to irreparable harm
2
Q
public nuisance
A
An unreasonable interference with a right common to the general public (e.g. health, safety, and morals of community).
3
Q
private person, public nuisance
A
a private person can file a claim for public nuisance if he sustained a harm different from that of the community at large.
