Nuisance

Question 1

Nuisance

Answer 1

A substantial and unjustifiable interference with the use or enjoyment of land.
- can be intentional or negligent

Question 2

Elements of Nuisance

Answer 2

1. The extent of the harm (is it substantial?)
2. The character of the harm
3. The economic and social value of the conflicting activities
4. The suitability of the activities for the location
5. The ability of either party to avoid the conflict and the practicability and fairness of making the party do so.

Question 3

Nuisance per se

Answer 3

Nuisance no matter where it takes place or what consequences it generates

Question 4

Nuisance Defenses

Answer 4

1. Coming to the nuisance: (courts sometimes grant an injunction to stop activity but make Plt pay def for costs of relocation)
2. Unusual Sensitivity: P too sensitive

Question 5

Public Nuisance

Answer 5

Unreasonable interference with a right common to the general public (i.e. highway obstruction)–any member of public can sue

Question 6

Private Nuisance

Answer 6

Substantial and unreasonable interference to people’s personal land (most common)

Question 7

Dobbs v. Wiggins

Answer 7

• plt sued for def barking dogs creating a nuisance and she couldn’t enjoy her land.
• Court asked themselves is the def in a useful business enterprise/ is there an area suited for that/ who came first/ can nuisance be reduced is modification practical?
  Rule: Private nuisance requires a substantial, unreasonable, and either intentional or negligent invasion of another’s right to use or enjoy land.