Nuisance

Question 1

Prima Facie Case

Answer 1

1) Act/failure to act by D
2) Non-trespassory invasion of P’s interest
a.Protects P against interference with the use or enjoyment of land
b.Under CL –> limited to non physical invasions
c.Modern law —> focus on P’s interest in determining whether nuisance or trespass was implicated
3) Intent, negligence, or SL (diff is for what defense)
a.Intentional - know, or that it would be substantially certain to do so
b. Negligence - D breaches the reasonable person standard of care & causes a nuisance
c. SL - imposed for abnormally dangerous activities
4) Substantial & unreasonable harm to the P
a.Something that a reasonable person would take offense at, rather than a de minimis annoyance to which a super sensitive person would object to
b.Unreasonable is a balancing test with these factors:
1. Extent & character of the harm
2. Social value of the D’s use vs P’s use
3. Suitability to the locality in question for both P’s use and D;s conduct and
4. Burden on P of avoiding the harm vs impracticality of D avoiding harm
c. do not do balancing test for SL
5) Causation
if intentional it is met if D’s act directly or indirectly results in the interference
if negligence or SL it is based on negligence standard

Question 2

Other Considerations

Answer 2

1. Aesthetic considerations alone may not create a nuisance
2. Prior occupation (coming to nuisance) relevant question to reasonableness is whether the use preceded the p’s presence
3. Effect of zoning - are not conclusive as to what is reasonable because activities permitted may still be unreasonable

Question 3

Remedies

Answer 3

1) Damages
a.Compensatory - cover the loss the non-breaching party incurred due to the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach
a.Punitive - Over and above the compensation to the plaintiff that are awarded to punish and deter the defendant and others from engaging in similar conduct
2) Injunctive relief
3) Self help

Question 4

Four ways a court can resolve a nuisance case

Answer 4

a. Let the activity continue by denying all relief
b. Abate the activity by granting the P injunctive relief (Morgan and Estancias)
c. Let the activity continue if the D pays damages (Boomer)
d. Abate the activity if the P pays damages (Spur)

Question 5

Private Nuisance

Answer 5

A Private is a non trespassory interference with the Ps use and enjoyment of the property

Question 6

Public Nuisance

Answer 6

An act (or failure to act) by a D that obstructs or causes inconvenience of damage to the public or a large number of people I the exercise of rights common to all or in the enjoyment of common property

a.Criminal and civil sanctions may be imposed
b.Only a state can redress this
Private individual can sue if the injury is peculiar in kind aka diff than the injury suffered by the public