NUISANCE

Question 1

BASIS

Answer 1

types of harm- the invasion of either private property rights or public rights by tortious conduct because it falls in the usual category of tort liability. Generally an intentional interference

Question 2

PRIVATE NUISANCE

Answer 2

substantial, unreasonable interference with another private individual’s use or enjoyment of property

1. substantial interference: must be offensive, inconvenient or annoying to an average person in the community
2. Unreasonable interference: unreasonable interference with plaintiff’s land. Severity of the inflicted injury must outweigh the utility of the Defendant’s conduct.

Question 3

PUBLIC NUISANCE

Answer 3

Interferes with the health, safety, or property rights of the community.

Question 4

REMEDIES

Answer 4

1. damages
2. injunctive relief where damages are unavailable or inadequate
3. abatement/ self-help:
   - private: allowed after notice to defendant and defendant’s refusal to act. Force is only that which is necessary to accomplish abatement.
   - public: only abated or enjoined by public authority.

Question 5

DEFENSES

Answer 5

1. legislative authority
2. conduct of others
3. contributory negligence: nuisance based on a negligent theory, one may not avert the consequence of his own contribution to the negligence by affixing to the negligence of the wrongdoer the label of nuisance.
4. coming to the nuisance: in the absence of a prescriptive right, the defendant may not condemn the surrounding premises to endure the nuisance. The purchasers is entitled to reasonably use or enjoyment of his land to the same extent as anyone else.