Ch. 13- Nuisance

Question 1

Nuisance Per Se

Answer 1

A condition that is a nuisance under any and all circumstances.

Nuisance per se are ultra-hazardous activities that interfere with enjoyment of one’s property. The Owner is strictly liable for damages

Question 2

Intentional Nuisance

Answer 2

(1) A substantial NON-TRESPASSORY invasion
(2) That is UNREASONABLE

—-JDX #1: Unreasonable means that the gravity of the harm outweighs the social value of the activity.

—-JDX #2: The court in Jost said that unreasonable is a threshold test that does not involve any balancing. The question becomes when is the threshold reached.

Question 3

Unintentional Nuisance

Answer 3

(1) A substantial NON-TRESPASSORY INVASION
(2) that is NEGLIGENT, RECKLESS, or ULTRA-HAZARDOUS

Question 4

Permanent Injunction (Remedy)

Answer 4

Permanent damages run with the land thus if a homeowner subsequently sells property the new homeowner cannot sue for nuisance again.

Question 5

Business Operating in Lawful Manner

Answer 5

Where a business is operating in a lawful manner, the operation may still be enjoined as a nuisance.