15.2 Flashcards
T/F: It’s possible for an activity to be perfectly legal and yet be considered a nuisance
True
Interference with an owner’s right to possession =
Interference with an owner’s use and enjoyment of the land =
Trespass
Nuisance
T/F: Unless it also interferes with the owner’s use and enjoyment of the land, a trespass probably won’t be considered a nuisance.
True
Elements of Negligence 1. 2. 3. 4.
- Duty: duty to exercise reasonable care
- Breach of Duty: failure to prevent against reasonably foreseeable harm
- Causation: must be both actual and proximate
- Legally Recognizable Harm: scientific uncertainty
Comparative negligence
- used by a majority of states
- As long as the P is less negligent than the D, then the P can recover from the D the % of the damages attributed to the D’s negligence
Under what theory are most nuisance actions brought to trial?
Intentional tort
Interference with an owner’s use and enjoyment of a property, with no physical invasion is a___, but not a ___
Nuisance
Trespass
If a neighbor diverts runoff water onto a nearby property, that would involve a physical invasion of the property, so it’s a ____; it would also interfere with the owner’s use and enjoyment of the flooded property, so it’s also a ___.
Trespass
Nuisance
T/F: Nuisance per se can considered to be so bad that they can automatically be the basis for a lawsuit even if there’s no prof of injury or harm
True
T/F: Buildings used for illegal purposes = ex of nuisance per se
True
T/F:Fire hazards, sidewalk obstructions, and hazardous weeds = ex of nuisance per se
True
A landowner who is subject to substantial interference with the use and enjoyment of her property may sue for ___ of the nuisance.
abatement
___ refers to stopping, reducing, or removing the nuisance.
Abatement
Sometimes a court won’t order abatement of the nuisance if abatement would be too expensive or cause unreasonable hardship, but instead declare the problem a _____ nuisance
Permanent
T/F: Re: permanent nuisance, The responsible party may be required to pay damages to the affected parties, even though the nuisance is allowed to continue.
True
T/F: a landowner may be able to remove or destroy the nuisance, even though it’s on someone else’s proper
True
When is Self-help abatement allowed
only if it can be done without committing a breach of the peace or causing an unnecessary injury
If a neighbor removes or destroys a nuisance in an unreasonable manner, the neighbor might be liable to the landowner for ____.
Negligence