Nuisance

Question 1

What is nuisance law?

Answer 1

Nuisance law is the means by which common law judges resolve conflicting land uses

Question 2

What is meant by the ancient legal maxim: Sic utere tuo ut alienum non laedas?

Answer 2

One should use one’s property in such a way as not to injure the property [rights] of another

Question 3

What is the prima facie case for nuisance?

Answer 3

– Act (or failure to act) by Defendant.
–Nontrespassory invasion of Plaintiff’s Interest.
–Intent, Negligence, or Strict Liability
–Substantial and Unreasonable Harm to Plaintiff
–Causation

Question 4

Act by defendant
(prima facie case for nuisance)

Answer 4

• Act (or failure to act) required.
• Nuisance cannot be based on natural conditions not connected to D’s act or failure to act.–E.g., natural growth of trees or weeds

Question 5

Nontrespassory invasion of Plaintiff’s Interest
(prima facie case for nuisance)

Answer 5

• Nuisance protects the plaintiff against interference with the use or enjoyment of her land. (Compare trespass, which involves a physical invasion of the plaintiff’s land and violates the plaintiff’s right to exclude)
• Under common law, nuisance was limited to non-physical invasions such as noise, odor, vibrations, and light.
• Modern cases focus on the plaintiff’s interest in determining whether nuisance or trespass is implicated

Question 6

INTENT, negligence, or strict Liability
(prima facie case for nuisance)

Answer 6

This distinction determines which defenses are available
-Intentional nuisance is where D knows that his conduct is interfering with plaintiff’s right or that it is substantially certain to do so. (Note that most nuisances are intentional)

Question 7

intent, NEGLIGENCE, or strict liability
(prima facie case for nuisance)

Answer 7

Negligent nuisance is where D breaches the reasonable person standard of care and causes a nuisance

Question 8

intent, negligence, or STRICT LIABILITY
(prima facie case for nuisance)

Answer 8

-Strict liability is imposed for nuisances caused by abnormally dangerous activities.
-Strict liability also applies to nuisances forbidden by law (e.g., houses of prostitution, drug dens, setting off fireworks, etc.), pollution, spite fences, and other malicious activities.
-These are all forms of nuisances per se or nuisances as a matter of law.

Question 9

SUBSTANTIAL and Unreasonable Harm to Plaintiff
(prima facie case for nuisance)

Answer 9

Something that a reasonable person would take offense at, rather than a de minimis annoyance to which only a super sensitive person would object to

Question 10

Substantial and UNREASONABLE Harm to Plaintiff
(prima facie case for nuisance)

Answer 10

come back to this

Question 11

Causation
(prima facie case for nuisance)

Answer 11

• If the case is one of intentional nuisance, causation is satisfied if D’s act directly or indirectly results in the interference.
• If the nuisance is predicated on negligence or strict liability, the rules of causation are based on the negligence standard.

Question 12

What are remedies for nuisance?

Answer 12

-Damages (Compensatory/Punitive)
-Injunctive Relief
–Self-Help Remedy of Abatement

Question 13

What are defenses to a nuisance claim?

Answer 13

-Where a nuisance results from negligence or strict liability, contributory negligence can be a defense.
–However, where the nuisance is intentionally committed, contributory negligence is not a defense (just like other intentional torts)

Question 14

What is the difference between a private nuisance and a public nuisance? (private)

Answer 14

A private nuisance is a nontrespassory interference with the plaintiff’s use and enjoyment of the property

Question 15

What is the difference between a private nuisance and a public nuisance? (public)

Answer 15

A public nuisance is an act (or failure to act) by a defendant that obstructs or causes inconvenience or damage to the public or a large number of people in the exercise of rights common to all, or in the enjoyment of common property
-more

Question 16

What are the four ways a court can resolve a nuisance case?

Answer 16

1. Let the activity continue by denying all relief.
2. Abate the activity by granting the plaintiff injunctive relief (Morgan and Estancias cases).
3. Let the activity continue if the defendant pays damages (the Boomer case).
4. Abate the activity if the plaintiff pays damages (Spur Industries)

Question 17

What is a spite fence?

Answer 17

Courts commonly find nuisance liability in instances where a landowner builds a structure (such as a “spite fence”) of no use whatsoever other than to vex a neighbor.