17) Nuisance

Question 1

types of nuisance

Answer 1

1) public

2) private

Question 2

public nuisance: def

Answer 2

an unreasonable interference with a common right to the general public

Question 3

public nuisance: rule

Answer 3

to recover damages in individual action for pub nuisance, private individual has to suffer a different ko injury than the public at large

otherwise only public officials can bring clais, which they can

Question 4

private nuisance: def

Answer 4

thing or activity that SUBSTANTIALLY AND UNREASONABLY INTERFERS w P’s use and enjoyment of her land

Question 5

private nuisance: mental state

Answer 5

usu intentional

Question 6

private nuisance; why intentional

Answer 6

once D is on notice that her activity is interfereing w P and doesn’t stop, now she knows, it’s intentional

Question 7

private nuisance: factors

Answer 7

is it substantial/unreasonable interference?

1) value of D’s activity
2) alternatives (to both P and D to minimize harm)
3) nature of locality
4) extent of P’s injury
5) who was there first

Question 8

private nuisance: remedies

Answer 8

often injunction

Question 9

private nuisance: injunction standard

Answer 9

1) suffering irreparable harm AND
2) damages are inadquate remedy

highly discretionary, judge can consider other things too