Public nuisance - class of people-FS Flashcards
(10 cards)
What is the legal definition of public nuisance in tort law?
Public nuisance is an act or omission that materially affects the reasonable comfort and convenience of life for a class of people within the community.
What are the two essential elements required to establish public nuisance?
1) The activity must affect the comfort and convenience of a class of people, and
(2) the claimant must suffer particular harm beyond the impact on the general public.
How does public nuisance differ from private nuisance in terms of who is affected?
Public nuisance affects a class of the public, whereas private nuisance affects specific individuals with exclusive possession of land.
What determines whether a group of individuals constitutes a “class of people” in public nuisance?
There is no fixed number; courts assess whether a representative cross-section of the public has suffered a common injury in the same area at roughly the same time.
Must every member of a class be affected for public nuisance to apply?
No. Not every individual needs to be affected—what matters is that a significant portion of the class experiences material disruption.
What type of harm satisfies the requirement of “materially affecting comfort and convenience”?
Harm that interferes with public rights such as free movement, peaceful enjoyment, or access to services satisfies this requirement when widely experienced.
What kind of group does not satisfy the requirement of a class in public nuisance?
A group of people who suffer individualised, unconnected harms across different locations and times does not constitute a class for the purposes of public nuisance.
Why is the location and timing of the nuisance relevant to determining a clasS
The nuisance must cause a common injury to people in a shared locality and simultaneous timeframe to qualify as affecting a class.
What principle allows a court to find public nuisance even if the entire community is not affected?
A representative segment of the population being substantially affected can suffice; total community impact is not required.
When can a public nuisance claim succeed based on road obstruction?
If the obstruction materially interferes with the ability of a local community or village to use the road, affecting their movement or access, it may qualify as public nuisance.
