Nuisance

Question 1

PRIVATE NUISANCE

Answer 1

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

Question 2

Substantial interference

Answer 2

Offensive, inconvenient, or annoying to the average person in the community.

*hypersensitivity or specialized use of property are not actionable

Question 3

Unreasonable Interference

Answer 3

Severity of inflicted injury must outweigh the utility of d’s conduct.

Considerations:

• neighborhood
• land values
• existence of alternative conduct open to D

Question 4

PUBLIC NUISANCE

Answer 4

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

Recovery by private party available if private party suffered unique harm from public at large.

Question 5

DAMAGES

Answer 5

P usu. awarded damages

Question 6

INJUNCTIVE RELIEF

Answer 6

If legal remedy is not available or inadequate, injunctive relief is awarded. (ex: nuisance causes irreparable injury)

Courts consider relative hardships unless D’s conduct was willful.

Question 7

Abatement by Self-Help

Answer 7

For Private Nuisance:
Available after notice to D & refusal by D to act.
Only necessary force is permissible.

For Public Nuisance:
Only public authority or private party who’s suffered some unique harm can seek injunction or abatement.

Question 8

DEFENSES

Answer 8

Legislative Authority: not absolute but persuasive.

Conduct of Others: no one actor liable for all damage caused by concurrence of his acts & others.
(ex: ten steel mill polluting; each mill responsible for their own pollution)

Contributory negligence: NO defense UNLESS P’s case rests on a negligence theory.

Coming to the Nuisance: Generally no bar to P’s action UNLESS p came to nuisance for sole purpose of bringing a harassing lawsuit.

• P purchased land next to existing nuisance & then brought action.
• If D has to move/shut down nuisance, P may be liable to D for some damages.