Nuisance

Question 1

Is nuisance a separate tort?

Answer 1

no

Question 2

What is nuisance considered?

Answer 2

type of harm - invasion of either property prop or public rights by conduct that is tortious bc it falls into usual categories of tort liability (intentional, neg, SL, etc)

Question 3

What are the two types of nuisances?

Answer 3

public and private

Question 4

What is a private nuisance?

Answer 4

substantial, unreasonable interference w/ another private individual’s use/enjoyment of property that he actually possesses OR to which he has right of immediate possession

Question 5

What constitutes substantial interference under private nuisance?

Answer 5

it’s offensive, inconvenient, or annoying to the avg person in the community

no subs if merely the result of PLs hypersensitivity or specialized use of property

Question 6

What is constitutes unreasonable interference under private nuisance?

Answer 6

severity of inflicted injury must outweigh the utility of D’s conduct (nuisances based on intent or neg)

Question 7

What is the distinction between trespass and private nuisance?

Answer 7

T: interference w/ landowners exclusive possession by physical invasion

PN: interference w/ use and enjoyment

Question 8

What is a public nuisance?

Answer 8

act that unreasonably interferes w/ the health, safety, or property rights of the comm (using building for crim acts, like prostitution)

Question 9

When can a private party recover under public nuisance?

Answer 9

if the priv party suffered unique damage not suffered by public at large

Question 10

What are the remedies available for nuisance?

Answer 10

1. PL can get damages
2. PL can seek inj relief - nuisance will cause irreparable harm (ct considers relative hardships; hardships will not be considered where D’s conduct was willful)
3. abatement by self-help - in private nuisance action, self-help abate is avail. after notice to D and D refuses to act; in pub nuisance - only public authority or priv party who has suffered unique damage can seek inj or abatement

Question 11

What are the defenses to nuisance?

Answer 11

legislative authority
conduct of others (no one actor is liable for all damage caused by concurrence of his acts and others)
contributory neg (generally no defense unless PLs cases rests on neg. theory)
coming to the nuisance (purchase land next to already-existing nuisance, but generally not a bar unless PL came to nuisance for purpose of bringing a harassing suit)