Nuisance Elements

Question 1

Elements: Public Nuisance

Answer 1

1. Substantial harm and
2. Injury to the public

• Recovery by a private party requires Unique Damages - For a private party to recovery for public nuisance you have to show that you suffered a unique damage not suffered by the general public

Question 2

Elements: Private Nuisance

Answer 2

A subsantial and unreasonable interference with plaintiff’s use and enjoyment of land
1. Plaintiff has interest in land (ownership or possession)
2. Substantial interference- offensive, inconvenient or annoying to the average person within the community
3. Unreasonable Interferference with Use and Enjoyment- Harm to plaintiff greater than utility of defendant’s conduct (injunctive relief standard); OR Harm to plaintiff greater he should have to accept without being paid
4. Defendant’s conduct is negligent, abnormally dangerous, or intentional

Damages is usual remedy but you can get injunctive relief
Self-Help Abatement- in some cases, plaintiff may be able to help himself, but you have to give them notice and they have to say fuck you. Can only use reasonable force.

Question 3

Defenses: Nuisance

Answer 3

Contributory and comparative negligence: yes (if claim is based on negligence)
Assumption of Risk: Yes (Coming to the nuisance- purchasing or leasing property with advanced knowledge may be a defense if you did it for the sole purpose of bringing the lawsuit

Others contributing to the Nuisance: not a defense. each party responsible for their contribution to the nuisance