Intentional Torts - Nuisance

Question 1

Public Nuisance

Answer 1

An interference w/ a right common (healthy, safety or prop. rights) to the gen. pub.

Elements:

1. Substantial Harm Required AND
2. Injury to the Public at Large

Question 2

Public Nuisance - Recovery by Private Party

Answer 2

Unique Damages Required

• for a private Plaintiff to recover for a pub. nuisance, Plaintiff must show that she suffered unique damage not suffered by the pub. at large

Question 3

Private Nuisance - Elements

Answer 3

A substantial and unreasonable interference with the ∏’s use and enjoyment of her land

Elements:

1. Plaintiff Has Interest in Land
2. Substantial Interference
3. Unreasonable Interference w/ Use & Enjoyment of Land AND
4. ▵’s Conduct = Negligent, Abnormally Dangerous or Intentional

Question 4

Private Nuisance - Elements

Plaintiff Has Interest in land

Answer 4

Plaintiff in poss. or Plaintiff has immed. right to poss. the prop.

Question 5

Private Nuisance - Elements

Substantial Interference

Answer 5

Offensive, inconvenient or annoying to the avg. pers. w/in the co.

Question 6

Private Nuisance - Elements

Unreasonable Interference w/ Use & Enjoyment of Land

Answer 6

▵s conduct is unreasonable if:

1. Harm to Plaintiff is Greater then Utility of ▵’s Conduct (Std. for Injunctive relief) OR
2. Harm to Plaintiff is Greater than ∏ should be req. to bear without compensation (std. for damages)

Question 7

Private Nuisance - Remedies

Answer 7

• Damages
  
  • the usual remedy for nuisance is damages
• Injunctive Relief
  
  • If damages are unavailable or inadequate, Ct. will consider Inj. Relief
• Self-Help Abatement
  
  • In some cases, Plaintiff may have the rt. to use self help to abate the nuisance but only after notice to the ▵ & the ▵s refusal to act
  • Only reasonable force is permitted

Question 8

Private Nuisance - Defenses

Answer 8

1. Contributory Negligence
2. Assumption of the Risk
3. Others Contributing to the Nuisance

Question 9

Private Nuisance - Defenses

Others contributing to the Nuisance

Answer 9

The fact that other persons contribute to a nuisance is not a bar to the ▵’s liab. for her own contribution (i.e. each ▵ is resp. only for her contribution to the nuisance)

Question 10

Private Nuisance - Defenses

Assumption of the Risk

Answer 10

In action for nuisance, Plaintiff’s assumption of risk is defense to the same extent as in other tort actions

• Coming to the Nuisance - the Plaintiff purchased or leased prop. w/ advance knowledge of nuisance
  
  • Gen. not a defense unless Plaintiff came to the nuisance for the sole purp. of bringing the suit

Question 11

Private Nuisance - Defenses

Contributory Negligence

Answer 11

If nuisance claim is based on the ▵’s neg.,

• Cont. Neg. of the Plaintiff will:
  
  • bar (Contrib. Neg. System) Plaintiff’s Recovery or
  • reduce (Comp. Neg. System) Plaintiff’s recovery

Question 12

How is a claim for public nuisance brought?

Answer 12

1. Brought by government actor such as an attorney general
2. For an indiv., he must show that she is suffering harm different and distinct from the pub. at large

Question 13

What mental state is required for private nuisance ?

Answer 13

D must be notified of the interference & the D’s cont. action after being put on notice est. intent

Question 14

What factors should be weighed in private nuisance claim?

Answer 14

1. Value of the D’s activity
2. Alt. available to both D and the P to minimize the harm
3. Nature of the locality
4. Extent of the P’s injury AND
5. Who was there first

Question 15

What remedy is available for a nuisance ?

Answer 15

Injunction or Damages

Question 16

What is an injunction?

Answer 16

An equitable remedy sought by plaintiff that mandates a D to stop an activity

Question 17

What must be shown for P to get an injunction for a private nuisance?

Answer 17

1. There is a nuisance
2. P is suffering irreparable harm through the continuing nature of the nuisance AND
3. Damages aren’t adequate remedy

Question 18

In a private nuisance, the harm to the plaintiff should be evaluated from whose standpoint?

Answer 18

The subj. point of view of the Plaintiff

• how much is it harming them particularly

Question 19

Who has standing to file a private nuisance claim?

Answer 19

The pers. who occupies the prop.

• If rented, then the renter has standing and not the owner