Nuisance

Question 1

What is “substantial”

Answer 1

annoying or offensive to reasonable person in the community.

Question 2

What are the harm factors for the harm v. utility analysis? Enya Crushed Sacred Squids

Answer 2

Consider EXTENT, CHARACTER, SOCIAL value law attached to type of use or enjoyment invaded, and SUITABILITY of type of use invaded to the character of locality.

Question 3

What are the utility factors for the harm v. utility analysis? Sacred Squids Imploded

Answer 3

SOCIAL value attached to primary purpose of conduct, SUITABILITY of conduct to character of locality, and IMPRACTICABILITY of preventing/avoiding invasion.

Question 4

What is intentional interference?

Answer 4

D knows or should have known activities or prop condition would affect use + enjoyment of property.

Question 5

What is unintentional interference?

Answer 5

tort negligence or strict liability.

Question 6

Two types of interference …

Answer 6

unintentional or intentional

Question 7

What is unreasonable?

Answer 7

risk utility analysis. Balance harm > utility.

Question 8

What is a public nuisance?

Answer 8

unreasonable interference with a right common to the general public. Brought by pub pros or private P specially affected.

Question 9

What is a “nuisance”? Intangible invasions such as …

Answer 9

smells, lights (not sunlight), sounds, vibrations, air/water pollution.

Question 10

What is a private nuisance?

Answer 10

substantial and unreasonable interference w/P’s possessory interest in the use and enjoyment of her land.