Nuisance

Question 1

What are the elements of private nuisance?

Answer 1

• substantial, unreasonable interference
  - interference that is offensive, inconvenient, or annoying to average person (objective)
  
  • unreasonable: severity of harm outweighs utility of D use
• with another private individual’s use or enjoyment of property
• that other actually possesses or has a right of immediate possession

Question 2

What are the elements of public nuisance?

Answer 2

• act that unreasonable interferes with
• the health, safety, or property rights of the community

(e.g. using building for criminal activities)

Can ONLY recover for private property if the property has suffered unique damage compared with rest of community.

P can get injunctive relief. If D conduct wilful, will not balance hardships.

Question 3

What self-help/abatement is allowed in nuisance cases?

Answer 3

Private - self-help abatement OK
Public - only public authority or private party with unique damages has right to self help (AND those groups are only ones who can seek injunction)

Question 4

What legal effect is legislative authority for nuisance behavior given?

Answer 4

Persuasive but not conclusive defense - i.e. can introduced to show activity was OK/weigh interests, but can NOT bar P recovery fully

Question 5

What are possible defenses to nuisance claims?

Answer 5

• Coming to the nuisance - i.e. P purchased land next to existing nuisance (but will not function as complete bar to action unless P came to nuisance to bring a lawsuit)

NOT - contributory negligence (unless its negligence claim)