Nuisance Flashcards
1
Q
What is nuisance?
A
both tort and harm (harm that P suffered a nuisance)
courts try to balance D’s interest in using land as he likes with P’s right to be free from excessive disturbance
2
Q
private v. public nuisance?
A
private: substantial, unreasonable interference with another private individual’s use or enjoyment of property
public: act that unreasonably interferes with health, safety, or property rights of community
3
Q
what to look for on exam?
A
choice about balancing interests or one that says P will recover if his ability to use and enjoy the land has been interfered with to an unreasonable degree
