Nuisance

Question 1

Private nuisance

Answer 1

A substantial, unreasonable interference with another private individual’s use or enjoyment of property

• not substantial if it is merely result of P’s hypersensitivity or specialized use of property
• unreasonable interference - severity > utility of D’s conduct

Question 2

Public nuisance

Answer 2

Act that unreasonably interferes with the health, safety, or properyt rights of the community

Question 3

Defenses

Answer 3

1. legislative authority - persuasive
2. conduct of others - no one actor liable for all damage caused by concurrence of his acts and others
3. contributory negligence - no defense unless P’s case in on negligence theory
4. coming to the nuisance - not bar to P’s action unless came to nuisance for the sole purpose of bringing suit