Nuisance

Question 1

Private Nuisance Definition

Answer 1

Invasion of Plaintiff’s Interest In the Use or Enjoyment of His Land

Question 2

Public Nuisance Definition

Answer 2

Unreasonable Invasion In the Use or Enjoyment of Common Property. Rights common to the general public

Question 3

Elements

Answer 3

Liability forming conduct, interference which resulted is substantial, interference is of such a nature, duration or amount to be unreasonable, causation, remedies and defenses

Question 4

Liability forming conduct - intent

Answer 4

desire or knowledge with substantial certainty that interference with the use and enjoyment of plaintiff’s land will occur. Most nuisances are intentional because plaintiff has complained and defendant has not adjusted its conduct

Question 5

Liability forming conduct - negligence

Answer 5

failure to exercise due care resulting in interference with the use and enjoyment of plaintiff’s land.

Question 6

Liability forming conduct - strict liability

Answer 6

interference with use and enjoyment resulting from ultra hazardous or abnormally dangerous activities even though the defendant acted without intent and used due care

Question 7

Interference which resulted is substantial

Answer 7

measurement is quantitative. Interference with condition of land is easier to measure. Interference causing discomfort or mental annoyance is more difficult to measure. Must be something that a reasonable person would take offense at.

Question 8

Intereference is of such a nature, duration or amount to be unreasonable

Answer 8

None of these factors are controlling but to the extent that any of the factors are relevant, they should be discussed.

a. Harm outweighs justification 
    b. Amount of harm.
    c. Capacity of plaintiff or defendant to bear the loss 
    d. Nature of plaintiff’s use of the property
e. Priority in time
f. Zoning.

Question 9

Remedies

Answer 9

a. Tort action for damages
(1) Permanent damage equals change in market value of the property;
(2) Temporary damage equals change in value during time of the nuisance.

b. Injunctive relief – damages are inadequate so court enjoins defendant from future invasions and awards damages for past invasions.
c. Self help – within reasonable time, with reasonable force and in a reasonable manner.

Question 10

Private Nuisance

Answer 10

plaintiff must have an ownership interest in the land

Question 11

Public Nuisance

Answer 11

private individual cannot bring an action for public nuisance unless his damages are in some way distinguishable from those sustained by the general public.