Torts

Question 1

Private Nuisance

Answer 1

Private Nuisance claims require proof that the defendant’s interference with the plaintiff’s use and enjoyment of his/her property was both:

(1) substantial--offensive, annoying, or intolerable to a normal person in the community--AND

(2) unreasonable--effectively renders the land unavailable for ordinary use or employment by the possessor and satisfies certain criteria (i.e., Per se Nuisance, conduct unsuited to location, avoidable harm, severe harm, malicious conduct).

Question 2

Traditional Contributory Negligence

Answer 2

Traditional Contributory Negligence is a complete defense to negligence when the plaintiff’s failure to use reasonable care contributed to his/her injury (in traditional common law jurisdictions).

Question 3

Pure Comparative Negligence (Default on MBE)

Answer 3

Plaintiff’s negligence reduces recovery by plaintiff’s proportionate fault (e.g., plaintiff 90% at fault can only recover 10% damages).