NUISANCE

Question 1

TORTS - PRIVATE NUISANCE

GIVE THE ELEMENTS TO PROVE A PRIVATE NUISANCE

Answer 1

Liability for private nuisance arises when a defendant’s interference with the use and enjoyment of the plaintiff’s property is both:

substantial – offensive, annoying, or intolerable to a normal person in the community and
unreasonable – the severity of the plaintiff’s harm outweighs the utility of the defendant’s conduct.
Therefore, a plaintiff who is not bothered by an interference with the use and enjoyment of his/her property can still prevail so long as a normal person in the community would find the interference offensive, annoying, or intolerable (i.e., the interference is still substantial).

Question 2

MBE TORTS - PRIVATE NUISANCE

HOW DOES THE PLAINTIFF PREVAIL ON A CLAIM FOR PRIVATE NUISANCE?

Answer 2

Liability for private nuisance arises when a defendant’s interference with the use and enjoyment of the plaintiff’s property is both:

substantial – offensive, annoying, or intolerable to a normal person in the community and
unreasonable – the severity of the plaintiff’s harm outweighs the utility of the defendant’s conduct.
Therefore, a** plaintiff who is not bothered by an interference with the use and enjoyment of his/her property can still prevail so long as a normal person in the community would find the interference offensive, annoying, or intolerable (**i.e., the interference is still substantial).

Question 3

MBE TORTS - PRIVATE NUISANCE

WHEN CAN A D BE HELD LIABLE FOR PRIVATE NUISANCE

Answer 3

A defendant is liable for private nuisance when the defendant’s interference with the use and enjoyment of the plaintiff’s property is both:

substantial – offensive, annoying, or intolerable to a normal person in the community and

unreasonable – the severity of the plaintiff’s harm outweighs the utility of the defendant’s conduct.