Nuisance

Question 1

pub nuisance breach

Answer 1

unreas interference w a rt common to the gen public

Question 2

pub nuisance: duty owed to ind P. :

Answer 2

must show he suffered harm of a diff kind than other mem of the pub

Question 3

pub nuisance: duty to public. P can sue on behalf of the public if:

Answer 3

have a rt to recover dmgs

have auth as a pub official or pub agency to rep st or political subdivision in the matter

OR have standing to sue as a rep of the gen pub, as a citizen in a citizen’s action, or as a mem of a class in a class action

Question 4

priv nuisance: duty owed to -

Answer 4

possessor of land
owner of easments and profits in the land
and
owners of nonpossessory estates in the land that are detrimentally affected by interferences w its use and enjoyment

Question 5

priv nuisance: standard of care

Answer 5

use and enjoyment of land

Question 6

priv nuisance: breach

Answer 6

intentional and unreasonable
OR unintentional and otherwise actionable under the rules controlling liability for neg or reckless conduct

unreasonable if:
gravity of P’s harm > utility
or
if intentional, harm caused is substantial
and fin burden of compensating does not render unfeasible the continuation of the conduct

Question 7

nuisance: defenses

Answer 7

contrib neg (not if intentional or reckless)
assumption of risk
--
Ct can consider:
coming to the nuisance
compliance w stat

Question 8

nuisance: remedies

Answer 8

damages.

if not available or adequate, injunction

Question 9

nuisance remedies: injunctions

Answer 9

prohibatory injunction
mandatory injunction
temp restraining order
perm injunction (can be set to expire)