Nuisance

Question 1

Define Nuisance?

Answer 1

Something unauthorized that is obnoxious or injurious to the community at large or to an individual, especially in relation to his/her ownership or property

Question 2

What are 2 types of Nuisance?

Answer 2

1. Private Nuisance
   Suffered by an individual
2. Public Nuisance:
   Suffered by a community at large

Question 3

What is private nuisance?

Answer 3

When a person interferes with another person’s use and enjoyment of his/her land and such interference is substantial and unreasonable.

Question 4

What is public nuisance?

Answer 4

an unlawful act or omission which endangers the lives safety, health, property or comfort of the public or by which the public are obstructed in the exercise or enjoyment or any right common to the public

Question 5

Difference between public & private

Answer 5

Private nuisance is limited to interference with interest inland, Public is not

Question 6

Remedies

Answer 6

1. Injunction
2. Abatement
3. Damages

Question 7

Define injunction

Answer 7

Court says act must stop.

Court won’t grant injunction generally if damages are an adequate remedy

Question 8

Define Abatement

Answer 8

Requires the defendant to reduce the activity causing the nuisance

Question 9

Define Damages

Answer 9

Represent monetary compensation for any loss caused by the nuisance

Question 10

What are the 2 types of injunctions

Answer 10

mandatory injunction - (eg) court orders tree be positioned, left it for some time, then cut down so roots died off.

ordinary injunction - (eg) order that a neighbor stops emitting some form of noise