Nuisance Flashcards
1
Q
Nuisance
A
- invasion of property rights by tortious conduct
- two types: private and public
2
Q
Private Nuisance - Definition
A
- substantial, unreasonable interference with another private individual’s use or enjoyment of property that the other individual actually possesses or has a right to immediate possession
3
Q
Private Nuisance - Substantial Interference
A
- interference that is offensive, inconvenient, or annoying to the average person in the community
- not substantial if merely the result of pl’s hypersensitivity or specialized use of their own property
4
Q
Private Nuisance - Unreasonable Interference
A
- severity of the inflicted injury must outweigh the utility of the defendant’s conduct
- in balancing these respective interests, courts take into account that every person is entitled to use their own land in a reasonable way, considering the neighborhood, land values, + existence of any alternative courses of conduct open to def
5
Q
Public Nuisance
A
- an act that unreasonably interferes with the health, safety, or property rights of the community
- recovery by a private party is available for public nuisance only if the private party suffered unique damage not suffered by the public at large
- only a public authority or private party who has suffered some unique damage can seek injunction or abatement
6
Q
Nuisance - Remedies
A
- pl usually awarded damages
- injunctive relief if damages unavailable or inadequate (court considers relative hardships)
- self-help abatement is available after notice to def + their refusal to act, but can only use necessary force
7
Q
Defenses
A
- legislative authority (Ex: zoning laws) -> not an absolute defense but is persuasive
- conduct of others -> no one actor is liable for all damage caused by concurrence of their acts and others
- contributory negligence generally NOT a defense unless pl’s case rests on negligence
- coming to the nuisance generally not a bar
