(9) Torts: Nuisance

Question 1

Public Nuisance

Answer 1

An act that unreasonably interferes with the health, safety or property rights of the community. A private citizen has a claim if they suffer harm that is different from that suffered by members of the general public.

Question 2

Private Nuisance

Answer 2

A private nuisance is a (1) thing or activity that (2) substantially and (3) unreasonably interferes with another individual’s use or enjoyment of the land in which they possess.

D’s conduct must be intentional, negligent, reckless or the result of an abnormally dangerous conduct.

Substantial interference is one that would be offensive, inconvenient, or annoying to a normal, reasonable person in the community.

An interference is unreasonable if the injury caused by D outweighs the usefulness of his actions.

Question 3

Remedy for Public Nuisance

Answer 3

1. Injunction
2. Criminally Prosecute the D
3. Abatement

Question 4

Injunction

Remedy for Public Nuisance

Answer 4

Injunction – For public nuisance the government will seek

Question 5

Criminally Prosecute the D

Remedy for Public Nuisance

Answer 5

Criminally prosecute the D – the government will seek for public nuisance

Question 6

Abatement

Remedy for Public Nuisance

Answer 6

One with a unique injury may use abatement like for a private nuisance but if no unique injury then only maybe abated by a public authority.

Question 7

Remedy for Private Nuisance

Answer 7

1. Abatement
2. Continuing Nuisance

Question 8

Abatement

Remedy for Private Nuisance

Answer 8

A person may enter the land of another’s after giving D notice of the nuisance and D refusing to act. P may only use reasonable force to abate the nuisance and is liable for any additional damages.

Question 9

Continuing Nuisance

Remedy for Private Nuisance

Answer 9

A court will provide past and future damages for a permanent nuisance but this means the P cannot collect damages again in the future.