Nuisance

Question 1

Public Nuisance

Answer 1

1) unreasonable interference
2) with health, safety, or property rights,
3) of the community

Requires actual damages & must affect a considerable number of people in the community

Question 2

Private Nuisance

Answer 2

Substantial and unreasonable interference with a person’s use or enjoyment of the property. Nuisance is offensive, inconvenient or annoying to a reasonable person

P is entiteld to damages or an injunction

Defenses:

• coing to the nuisance
• statutory compliance