Nuisance

Question 1

private nuisance

Answer 1

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

Question 2

substantial interference

Answer 2

interference that is offensive, inconvenient, or annoying to the average person in the community (not substantial if it is merely the result of the plaintiff’s hypersensitivity or specialized use of his own property)

Question 3

unreasonable interference

Answer 3

severity of the inflicted injury must outweigh the utility of defendant’s conduct

Question 4

public nuisance

Answer 4

act that unreasonably interferes with the health, safety, or property rights of the community

Question 5

Recovery by a private party is available for a public nuisance only if

Answer 5

the private party suffered unique damage not suffered by the public at large