Nuisance

Question 1

Nuisance - Concept

Answer 1

• Condition/activity/situatio
• That interferes
• With use or enjoyment of property

Question 2

Nuisance - Interference - Reqs

Answer 2

• has to be SUBSTANTIAL - more than trivial or reasonably expected in the circumstances
  
  • NOT necessary physical
• No need for proof of intent by P

Question 3

Nuisance - Types (2)

Answer 3

1. Private
2. Public

Question 4

Nuisance - Private Nuisance / what, standard, i.e

Answer 4

Interference to individual group or person in relation to their private property

• different from tresspass in that there is no physical invasion

Standard: Reasonable ordinary person - mere inconvenience not enough

Question 5

Nuisance - Public Nuisance / what, standing

Answer 5

Action iterfere with health safety, public space OR other rights of the community

• Standing: usually for govt
• For private parties: need to prove dx different in kind and amount to those suffered by gral public

Question 6

Nuisance - Balance Test for liability

Answer 6

Harm created VS Usefulness of interference

• i.e. pulp mill : bad smell vs job creation

Question 7

Nuisance - Remedies / dx types, injunction

Answer 7

• DX
  
  • Property damages
  • Harm only if subtantial
• Injunction: If continuous nuisance and $ not the appropriate solution

Question 8

Nuisance - Defenses

Answer 8

“Coming to Nuisance” = Assumption of risk

• limits recovery and possible injunction