Nuisance

Question 1

What are the 2 types of nuisance?

Answer 1

Private and Public

Question 2

The test of private nuisance is an ____ test

Answer 2

Objective

Question 3

Rule statement for private nuisance

Answer 3

A non-trespassory and unreasonable interference with the private use and enjoyment of one’s own land.

Question 4

What are the two categories that private nusianance can be broken into?

Answer 4

Nuisance at law (per se)

Nuisance in fact (per accidens)

Question 5

Something that is ALWAYS a nusiance, wherver it is located is a _____

Answer 5

Nuisance at law (per se)

Question 6

_____ is when an otherwise lawful use of property becomes a nuisance

Answer 6

Nuisance in fact (per accidens)

Question 7

Rule statement for public nusiance

Answer 7

A substantial and unreasonable interference with community interests or the general public’s convenience or comfort

Question 8

Who can bring a claim for a public nuisance action?

Answer 8

an individual or a public representative

Question 9

Name the 3 elements of a public nuisance claim (LONG)

Answer 9

Whether the conduct involves a significant interference with public health, the public safety, the public peace, the public comfort or the public convenience or;

Whether the conduct is proscribed by statute, ordinance or administrative regulation, or

Whether the conduct is of a continuing nature or has produced a permanent or long lasting, and, as the actor knows or has reason to know, has a significant effect upon the public right.

Question 10

Name at least four examples of a public nuisance

Answer 10

Conduct that:
Threatens life
Promotes disease
Affects health of the community
Shocks public morals

Question 11

Rule statement for unreasonableness

Answer 11

An intentional invasion of another’s interest in the use and enjoyment of land is unreasonable if:
A) the gravity of the harm outweighs the utility of the actor’s conduct, or
B) the harm caused by the conduct is serious and the financial burden of compensating for this and similar harm to others would not make the continuation of the conduct not feasible.

Question 12

What are the remedies for a nuisance claim and when can they be granted?

Answer 12

Temporary Restraining order: before hearing and no more than 14 days

Preliminary Injunction: Granted at beginning of law suit

Permanent injunction: issued after a full trial and may continue indefinitely.

Question 13

In determining the gravity of the harm from an intentional invasion of another’s interest in the use and enjoyment of land, the court will look to the following factors:

Answer 13

A) the extent of the harm
B) the character of the harm
C) the social value the law attaches to the type of sue or enjoyment invaded
D) the suitability of the particular use or enjoyment invaded to the character of the locality
E) The burden on person harmed of avoiding the harm