nuisance-NEID Flashcards
describe the general doctrine of nuisance
imposes civil liability for damage caused to the use and enjoyment of one’s property or to the public in general
what is a private nuisance?
action that unreasonably interferes with use and enjoyment of neaby property
what is a public nuisance?
action that unreasonably interferes with rights of community at large
what was the holding in the Clinic & Hospital case?
a lawful business can become a nuisance if it’s not operated in a fair and reasonable way with regard to the rights of others (recorfd shop next to hospital)
what are the main types of remedies available for nuisance?
monetary damages, perm/temp injunction
what do you need to allege regarding standing for private nuisance?
show that D’s actions affected use and enjoyment of your own property
what do you need to allege regarding standing for public nuisance?
must show that damage to you is different than that suffered by everyone else
describe what happens in “coming to the nuisance”
courts have held that residential landowner may not have relief if he knowingly came into a neighborhood reserved for other uses and has been damaged
what determined suitability of injunction in nuisance cases?
balancing of the equities - harm alleviated by injunction vs. harm to D if injunction is granted
what is NEID used?
P suffered no actual physical harm, but seeks to recover for purely emotional distress injuries caused by actor’s original negligence toward someone else
what was the original “Impact Rule” re: NEID?
Victim must suffer physical contact by D’s negligence in order to recover for NEID
what is the “zone of danger” test for NEID?
denied recovery for NEID unless P was also in the zone of danger
what is the “Dillon test” for NEID?
recovery allowed only if P is located near scene of accident, actually witness the accident, and had a close relationship between P and victim
what is the “Thing case” test for NEID?
recovery allowed only if P is at scene of accident and AWARE at the time the victim is being injured, emotional trauma beyond what a non-related person would feel, and close relationship between P and victim
