NUISANCE

Question 1

private nuisance

Answer 1

• a substantial, unreasonable interference with another private person’s USE OR ENJOYMENT of her property
• to be substantial: must be offensive to AVERAGE person in the community (won’t be substantial if it’s result of pff’s hypersensitivity)
• unreasonable interference: severity of P’s injury must outweigh utility of D’s conduct

Question 2

public nuisance

Answer 2

• unreasonable interference with health, safety, of COMMUNITY (e.g., using a building for criminal activities such as prostitution)
• recovery by private party is available only if private party suffered unique damages not suffered by public at large (gov’t usually brings these suits)

Question 3

remedies for nuisance

Answer 3

• pff will be awarded damages usually
• injunctive relief can be awarded if legal remedy of damages it not available

Question 4

“coming to nuisance”

Answer 4

P can’t recover if he “came to the nuisance” (e.g., bought property next door to a plant) to bring a lawsuit