Nuisance

Question 1

Nuisance

Answer 1

An invasion of property rights by tortious conduct

Two types:
-Private nuisance
-Public nuisance

Question 2

Private nuisance

Answer 2

A substantial, unreasonable interference with another private individual’s use or enjoyment of property
-Hypersensitivity of P does not factor into substantial interference
-Severity of injury must outweigh the utility of D’s conduct
-MBE question will often have an answer that embodies the law
-Distinguish from trespass to land that interferes with the landowner’s exclusive possession

Question 3

Public nuisance

Answer 3

An act that unreasonably interferes with the health, safety, or property rights of the community
-Private party alleging public nuisance must have suffered from unique damage not suffered by the public at large

Question 4

Nuisance remedies

Answer 4

Usually monetary damages, but injunctive relief available if monetary damages are inadequate

Question 5

Nuisance defenses

Answer 5

Legislative authority (i.e., zoning ordinance) is not an absolute defense

P “coming to a nuisance” is generally not a defense unless P came for the sole purpose of bringing a lawsuit
-i.e., purchasing land next to an already existing factory, P can still sue for the nuisance