Nuisance (Quimbee) Flashcards
What are the elements of nuisance?
The elements of a nuisance are:
(a) intend to cause
(b) an unreasonable interference with a possessor’s use and enjoyment of property.
Under what circumstance does a public nuisance arise?
A public nuisance arises when a defendant causes some unreasonable interference with some right that is common to the general public. This is in contrast to a private nuisance, which interferes with a private person’s use and enjoyment of property over which the person has a right of possession. Rights common to the general public include public peace, safety, comfort, or convenience. Polluting a river or other public body of water is generally a public nuisance as is interference with public transit along public waterways or roads.
What types of plaintiffs may sue for public nuisance?
Two types of plaintiffs may sue for public nuisance:
private individuals who have suffered significant particularized injuries or representatives of the general public. Unless a plaintiff fits into one of these two categories, the plaintiff does not have standing to sue for a public nuisance.
What is required for a private individual to have standing to sue for public nuisance?
For a private individual to have standing to sue for public nuisance, the individual must have suffered a particularized injury caused by the public nuisance. The injury must have been significant.
In addition to the general elements needed to state any public nuisance claim, what extra element must a private individual demonstrate to recover damages against a defendant who has caused a public nuisance?
In addition to the general elements needed to state any public nuisance claim, for a private individual to recover damages for a public nuisance, the individual must have suffered a harm that is particularized and significant. Harm is particularized if it is specific to the individual (i.e., the individual suffered a harm of a different kind from the harm suffered by the general public). An individual’s personal financial harm is typically different from the general harm caused by a public nuisance and, therefore, is usually sufficient to state a particularized injury.
Who has standing to sue for public nuisance as a representative of the public?
A representative of the public who has standing to sue for public nuisance is
a public official or agency with authority to sue on the government’s behalf or
a private person with standing conferred by law to sue on behalf of the public at large.
A public representative does not need to demonstrate that the public representative suffered unique significant particularized harm in order to have standing to sue for public nuisance.
To have standing to sue for public nuisance, must a plaintiff have rights in any particular piece of real property?
No. To have standing to sue for public nuisance, a plaintiff need not have to have rights in any particular piece of real property. All that is required for a private plaintiff to have standing to sue for public nuisance is that the plaintiff suffer some significant, particularized injury from the nuisance or he or she a person on which standing to sue on behalf of the general public is conferred by law.
Under what circumstances does a private nuisance arise?
A private nuisance arises when the defendant (1) significantly and (2) unreasonably interferes with (3) the plaintiff’s private use and enjoyment of (4) land in the plaintiff’s possession (5) while acting with the required culpability (which may be met if the defendant satisfies the requirements for strict liability). The plaintiff need not own the property to suffer a private nuisance. The plaintiff need only have a possessory interest in the property.
Must a plaintiff own or have title to property to sue for private nuisance?
No. A plaintiff need not own nor have title to property to sue over a private nuisance. The plaintiff need only show some possessory interest in real property to bring an action for private nuisance.
What formula is used for nuisance?
BL because probability is one hundred percent. If B>L then the
conduct is reasonable. If B<L then the conduct is unreasonable.
What is the point of the tort of nuisance?
A nuisance involves an interference (other than a physical entry onto the land) that interferes with the possessor’s use and enjoyment of the property.
What is primary criticism of nuisance?
Primary criticism, which is addressed by injunction, where the primary conduct was unreasonable or otherwise wrongful so the actor must act differently. Fault-based liability – similar to negligence.
What is secondary criticism of nuisance?
Secondary criticism, which is addressed by damages, where the conduct is reasonable and not otherwise wrongful but the actor’s secondary conduct – failure to make payment for harm – is unreasonable. Strict liability – activity-based rather than fault-based – similar to abnormally dangerous activity.
What is the rationale for primary criticism of nuisance?
Rationale for injunction is actor’s conduct is unreasonable in that it does more harm than good.
What is the rationale for secondary criticism of nuisance?
Rationale for awarding damages is risk-spreading, fairness, accident avoidance.
