Nuisance

Question 1

Is nuisance a tort in itself?

Answer 1

no, it is a type of harm by negligent or intentional action

Question 2

types of nuisance (2)

Answer 2

1. private nuisance
2. public nuisance

Question 3

private nuisance basic rule

Answer 3

interference with P’s use and enjoyment of possessed land

Question 4

private nuisance: what kind of interference is necessary (2)

Answer 4

a (1) substantial and (2) unreasonable interference

Question 5

private nuisance: what kind of conduct is necessary to render the interference necessary in private nuisance?

Answer 5

intentional, negligent, or abnormally dangerous conduct

Question 6

private nuisance: meaning of “substantial” interference

Answer 6

offensive, inconvenient, or annoying to an average person in the community

Question 7

private nuisance: meaning of “unreasonable” interference

Answer 7

severity of injury > utility of D’s conduct

Question 8

public nuisance

Answer 8

an unreasonable interference with a health, safety, moral right common to the general public

Question 9

who typically brings public nuisance claims? when does a different party bring them?

Answer 9

suit typically brought by gov’t actor. private party can bring action if he suffered unique damage