nuisance

Question 1

elements (2)

Answer 1

1. substantiality: locality + damage to property (locality doesn’t matter here)
2. unreasonableness: under D’s control

Question 2

defenses (4)

Answer 2

1. volenti non-fit injuria
2. prescriptive
3. statutory authority
4. consent

Question 3

non-defenses (3)

Answer 3

1. coming to nuisance
2. social utility
3. nuisance resulting from acts of many people

Question 4

remedies (3)

1. private
2. public

Answer 4

PRIVATE:

1. injunction
2. damages
3. abatement

PUBLIC:

1. damages
2. Injunction