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Flashcards in Part Eight: Nuisance Deck (17)
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In general, what is nuisance?

It's not a separate tort, but a type of harm that comes from other tortious conduct (intentional, negligent, strict liability)


What are the two types of nuisance?

1. public nuisance
2. private nuisance


What is "substantial interference"?

"substantial interference" = conduct that is OFFENSIVE, INCONVENIENT, or ANNOYING to an average person in the community

NOTE --> it is not substantial if it's merely based on P's hypersensitivity or specialized use of land


What is "unreasonable interference"?

"unreasonable interference" = injury outweighs the utility of defendant's conduct

(This is required for intentional, or negligent nuisance)


What is the difference btwn "trespass to land" and "private nuisance"?

Trespass to land --> physical invasion that interfere's w P's exclusive possession of the land

Private Nuisance --> interfere's w P's use and enjoyment of the land


What is a public nuisance?

"public nuisance" = an act that:
2. with the health, safety, or property rights of the community

Example --> using a building for a prostitution ring


What is the special rule re: recovery by a private party for public nuisance?

A private party can only recover for public nuisance if he suffered UNIQUE DAMAGES not suffered by the public at large


In general, what are the three remedies for nuisance?

1. Damages
2. Injunctive relief
3. Abatement by Self-help


What is the rule re: damages and nuisance?

P will usually be awarded damages

HOWEVER --> consider limitation on private party/public nuisance that requires UNIQUE HARM not suffered by the public at large


What is the rule re: injunctive relief and nuisance?

If legal remedy of damages is UNAVAILABLE or INADEQUATE (ie..will cause irreparable harm) --> court may order injunctive relief

In doing so --> Court will balance the relative hardships.
NOTE --> court will not balance hardships if D's conduct was WILLFUL


What is the rule re: abatement by self-selp and nuisance?

If PRIVATE nuisance --> Self-help abatement is available after:
1. notice to D is given; and
2. he refuses to act

NOTE --> only necessary force may be used


What is the rule re: public nuisance and injunctive relief/self-help abatement?

In Public nuisance --> only a public authority or private party who suffered UNIQUE harm can seek injunction or abatement

(does this mean no self-help? I'm unsure)


In general, what are the potential defenses to nuisance (4) ?

1. legislative authority
2. conduct of others
3. contributory negligence
4. coming to the nuisance


What is the rule re: nuisance and legislative authority?

Legislative authority (for example zoning) is not conclusive, but is persuasive


What is the rule re: nuisance and conduct of others?

No one actor is responsible for ALL damages caused by concurrence of his acts and others

Example: 10 mills are polluting stream. Each mill is only responsible for pollution it causes.


What is the rule re: contributory negligence?

Only a defense if P's case rests on a negligence theory


What is the rule re: coming to a nuisance?

-The fact that P "came to the nuisance" is not a defense UNLESS P came for the sole purpose of bringing a harassing lawsuit