Nuisance Flashcards
Nuisance
Tortious invasion of either public or private property rights
Notes nuisance is a harm caused by a tort it is not a tort itself.
there are two types of nuisance there is private nuisance and public nuisance
private nuisance a substantial unreasonable interference with another individuals use for enjoyment of her property
substantial interference it must be offensive annoying or inconvenient to the average person in the community
interference is not substantial if the person suing is hypersensitive or using property for specialized abnormal purpose unreasonable interference severity of the person suing injury must outweigh the utility of the person being sued conduct
public nuisance unreasonable interference with health safety or property rights of the community at large recovery is only available to a private party if she suffer you meet damaged not suffer by the public at large government usually brings public nuisance suits
potential remedies potential remedies for nuisance include money damages in injunctive relief
defenses to nuisance the person suing cannot recover if they came to the nuisance for example if they bought property next door for the sole purpose of bringing suit
Contributory negligence is available if the person suing a Serta negligence theory and exit negligently in creating the nuisance
