Nuisance

Question 1

Legal Nuisance

Answer 1

a substantial non-trespassory invasion of use or enjoyment of land that is caused either by activities that are:
negligent
reckless
ultra hazardous
intentional and unreasonable

Question 2

Unreasonable

Answer 2

goes to show the extent of the harm
depreciation
discomfort
fear of harm

Question 3

Utility of conduct

Answer 3

1. the social value of the primary purpose of the conduct
2. the suitability of the conduct to the character of the locality
3. the impracticability of preventing or avoiding the invasion

Question 4

Externality

Answer 4

: cost or benefit to a land use decision that isn’t taken into account because it falls onto other

Question 5

public nuisance

Answer 5

when the interference is with a right common to the general public

Question 6

factors to consider (public)

Answer 6

1. is activity custom to the area
2. does the activity cause observable effects most people would find disagreeable
3. can the a tivity be carried on with methods that cause less of a disturbance
4. is the activity important to society
5. is the activity of little value to the defendant
6. did D begin behavior before p moved into the neighborhood

Question 7

Factors to consider (private)

Answer 7

1. is p financial loss large
2. is there observable physical DAS to premise
3. is the person on the land suffering observable physical harm or mental anguish
4. is it costly or difficult for P to avoid the harm
5. is the activity of long duration or unremitting
6. did the P come to the nuisance