Chapter 13:Nuisance

Question 1

Private Nuisance

Answer 1

protects an individual or a small group of individuals. Interferes with someone’s use of property

Question 2

Public Nuisance

Answer 2

protects the safety, health and morality of the community

Question 3

Nuisance Per Se

Answer 3

Nuisance that is dangerous regardless of the fact (ultra hazardous activity). Strict liability applies here.

Question 4

Nuisance Per Se Accidens (in fact)

Answer 4

Interference with the use or enjoyment of property is not inherent or natural to the property itself but rather arises due to specific actions, conditions, or circumstances.

Question 5

Nuisance per Se accidens (in fact) examples

Answer 5

loud music, pungent odors, or, unsightly aesthetic

Question 6

Common Law remedy for Nuisance

Answer 6

Injunction

Question 7

Modern law remedy for Nuisance

Answer 7

Courts may grant a single permanent damage, instead of an injunction for policy reasons

Question 8

Coming to Nuisance

Answer 8

if someone moves to a nuisance then they may not seek remedies.