Nuisance

Question 1

Define a nuisance

Answer 1

Someone interferes with a plaintiffs rights, use, and enjoyment of their land

Question 2

Define private nuisance

Answer 2

Private nuisance protects the plaintiffs use and enjoyment of land from unreasonable interference by non-trespassory invasion. It is an intangible interference and the focus is on the injury to the plaintiff, not the conduct of the defendant

Question 3

Define Nuisance per se

Answer 3

Something that is always a nuisance based on the law

Question 4

Nuisance in fact or nuisance per accident

Answer 4

Something that may be a nuisance based on a particular situation. This is an objective test where the interference must be substantial and invade the use and enjoyment that the plaintiff should not be left uncompensated

Question 5

Define public nuisance

Answer 5

Public nuisance protects a persons rights as a member of the public

Question 6

When may an individual pursue a public nuisance claim?

Answer 6

The individuals harm must be difference in kind from damage the general public suffers. This damage is special and peculiar to them.

Question 7

T/F: A nuisance claim can be based on intent, negligence, or strict liability

Answer 7

True