Nuisance

Question 1

What is a private nuisance?

Answer 1

A substantial, unreasonable interference with another private individual’s use or enjoyment of the their own property.

Question 2

What constitutes a substantial interference?

Answer 2

One that is offensive, inconvenient, or annoying to the average person in the community

Question 3

Is determining whether there was a substantial interference subjective or objective?

Answer 3

Subjective - a plaintiff’s hypersensitivities are ignored

Question 4

What makes an interference unreasonable?

Answer 4

severity of the inflicted injury > the utility of the defendant’s conduct.

Question 5

How does the interference differ between trespass and nuisance?

Answer 5

Trespass = Physical Invasion

Nuisance = interference with use or enjoyment + can include intangible forces

Question 6

What type of remedy is usually awarded for nuisance?

Answer 6

Damages