Nuisance Flashcards
Is nuisance a tort?
No, it is a type of harm.
What is nuisance in the abstract?
The invasion of either private property rights or public rights by conduct that is tortious because it falls into the usual categories of tort liability.
What are the two types of nuisance?
Public and Private
What is a private nuisance?
The substantial, unreasonable interference with another private individual’s use or enjoyment of property that he actually possesses or to which he has a right of immediate possession.
What is substantial interference?
Interference that is offensive, inconvenient, or annoying to the average person in the community.
Is there substantial interference if a plaintiff is hypersensitive or has a specialized use of his own property?
no
How may you establish unreasonable interference?
The severity of the inflicted injury must outweigh the utility of defendant’s conduct.
What factors are balanced in determining the severity of the inflicted injury outweighing the utility of defendant’s conduct?
Considering the neighborhood, land values, existence of any alternative courses of conduct, that everyone is entitled to use his own land is a reasonable way. etc.
What is a public nuisance?
An act that unreasonably interferes with the health, safety, or property rights of the community.
Joe owns a residence in San Diego along the beach. Out of the home he runs an underage sex brothel in which clients may come to the residence and pay to engage in sexual activity with boys and girls under the age of 18. Joe’s acts are criminal and the operation of the home is criminal. What can Joe’s actions also be characterized as?
A public nuisance.
What is recoverable under a public nuisance?
A private party may only recovery if he suffered unique damages not suffered by the public at large.
What are remedies available for nuisance?
Damages, injunctive relief, abatement by self-help.
What are defenses to nuisance?
Legislative authority*
Conduct of others
Contributory negligence**
Coming to the nuisance***
*not an absolute defense but is persuasive
**no defense unless plaintiff’s case based on negligence theory
***not technically a defense unless certain circumstances
Is coming to the nuisance a bar on recovery?
Actually no, one may come to the nuisance and pursue an action. It is generally not a bar to plaintiff’s action unless she came to the nuisance for the sole purpose of bringing a harassing lawsuit.
