Nuisance & NIED

Question 1

nuisance

Answer 1

harm caused by tort, NOT actual tort

Question 2

private nuisance

Answer 2

a substantial and unreasonable interference with another individual’s use or enjoyment of her property

NOTE: can have something substantial but not unreasonable (train blowing horn as warning)

Question 3

substantial interference

Answer 3

(objective standard) must be offensive, annoying, or inconvenient to the average person in the community

NOT P’s hypersensitivity

Question 4

unreasonable interference

Answer 4

severeity of P’s injury > utility of D’s conduct

Question 5

public nuisance

Answer 5

unreasonable interference with health, saety, or property rights of the community at large

usually govt sues

Question 6

potential remedies for nuisance

Answer 6

money damages
injunctive relief

Question 7

Defense

Answer 7

P came to the nuisance (eg. willing bought property next door after nuisance began)

Question 8

negligent infliction of emotional distress

Answer 8

Elements
1. D’s negligence results in a close risk of bodily harm to P
2. D’s negligence results in P’s severe emotional distress
3. P exhibits some physical manifestation attributable to her emotional distress

symptoms can be instantaneous or appear days later

NOTE: courts split on physical manifestation

Question 9

bystander claims (NIED)

Answer 9

P-bystander outside of zone of danger can recover if:
1. P and the injured person are closely related
2. P was present at the scene of the injury, and
3. P personally observed or perceived the event

Question 10

special situations (NIED)

Answer 10

P can still recover if D’s negligence creates a great likelihood of emotional distress

eg, erroneous report of relative’s death, mishandling of corpse