Nuisance (Property) Flashcards
What are the elements for a nuisance?
Intentionally and unreasonably interfering with another person’s use and enjoyment of the property. Intentional, unreasonable, and substantial.
What are the approaches for a nuisance? which are we using?
- Traditional Approach: A use is unreasonable if it crosses a poorly defined threshold in its interference with the use of another’s property. Uses that are dirty, smelly, or noisy tend to fare poorly under the traditional approach. We’re using this approach.
- Basic Restatement Approach: The Restatement (Second) of Torts takes the approach that a use of property is unreasonable if the “gravity of the harm outweighs the utility of the actor’s conduct.” If the harm outweighs the benefit, then the activity is unreasonable and will be nuisance if the other elements of nuisance are met.
- Alternative Restatement Approach: “the harm caused by the conduct is serious and the financial burden of compensating for this similar harm to others would not make the continuation of the conduct not feasible.”
What is the remedy for a nuisance?
Historically, nuisance was prosecuted criminally. Gradually, this became a civil matter. Injunctions are the common remedies. Over time, awards for money damages have become more common.
For us, we’re balancing the equities to determine the remedy. Also, we’re considering the assumption of risk/coming to the nuisance analysis.
What did we learn from Estancias Dallas Corp v. Schultz?
For a private nuisance, an injunction is an appropriate remedy if a balancing of the equities shows that the injunction will prevent more harm than it will cause.
What did we learn from Boomer v. Atlantic Cement Co?
Permanent damages, rather than an injunction, are appropriate if the damages resulting from a nuisance are significantly less than the economic benefit derived from the party causing the harm.
