Nuisance Flashcards
1
Q
Private Nuisance
A
a substantial, unreasonable interference with another private individual’s use or enjoyment of property that he actually possesses or to which he has a right of immediate possession.
2
Q
When is interference substantial?
A
when it is offensive, inconvenient, or annoying to the average person in the community.
3
Q
When is interference unreasonable?
A
the severity of the inflicted injury outweighs the utility of the defendant’s conduct.
4
Q
Public Nuisance
A
an act that unreasonably interferes with the health, safety, or property rights of the community.
5
Q
When can a private party recover for public nuisance?
A
where the private party suffers unique damage not suffered by the public at large.
6
Q
What is the remedy for public nuisance?
A
an injunction.
