Nuisance

Question 1

Private Nuisance

Answer 1

A substantial, unreasonable interference w/another private individual’s use or enjoyment of property that he actually possesses or to which he has a right of immediate possession.

Question 2

Substantial Interference (Nuisance)

Answer 2

Interference which is offensive, inconvenient, or annoying to the average person in the community. Not substantial if it is merely the result of P’s hypersensitivity.

Question 3

Unreasonable Interference (Nuisance)

Answer 3

To determine whether the interference is unreasonable, the severity of the inflicted injury must outweigh the utility of the D’s conduct. Cts, take into account that every person is entitled to use his own land in a reasonble way, and will consider:

1. Land values;
2. The neighborhood; and,
3. Existence of any alternative courses of conduct open to the D.

Question 4

Public Nuisance

Answer 4

An act that unreasonably interferes w/the health, safety, or property rights of the community. Recovery by a private party is only available under a public nuisance if the private party suffered unique damage not suffered by the public at large.

Question 5

Remedies for nuisance

Answer 5

1. damages
2. Injunctive relief
3. Abatement by self-help

Question 6

Defenses for Nuisance

Answer 6

Legislative Authority for nuisance activity
conduct of others
contrib. neg.
Coming to the Nuisance: If P came to the nuisance for the sole purpose of bringing a harassing lawsuit, then it will be a bar; otherwise, P can come to a nuisance and still bring suit.