Nuisance

Question 1

Nuisance actions can be based on?

Answer 1

Either intentional torts, negligence, or strict liability theories.

Question 2

Private Nuisance

Answer 2

Substantial, unreasonable interference with one’s use and enjoyment of LAND.

Question 3

Public Nuisance

Answer 3

Act which unreasonably interferes with health, safety, or property rights of the community.

Question 4

Who can bring the suit (Proper Ps)?

Answer 4

1) For Private: P must have either possession or the right to immediate possession
2) Public: Private person may recover ONLY if he/she has suffered unique damage not suffered by public

Question 5

The Standard

Answer 5

The conduct must be objectionable to an “average” person. Objective test standard.

Question 6

Bar exam notes

Answer 6

Nuisance involves the balancing of competing interests
- don’t pick the P cannot come to nuisance and maintain lawsuit answer–P does NOT have to be first in time.
In a tresspass, there is an interference with the L/O’s exclusive possession by a physical invasion; in a private nuisance, there is an interference with use or enjoyment.