Nusiance

Question 1

Nuisance

Factor Test

Answer 1

substantially and unreasonably interferes with use or enjoyment of land

Weigh two legal rights: use property as wish v. use property without disrupt

Question 2

Factor 1

Extent of Harm

Answer 2

Extent of harm: harm beyond what P should have to bear w/out compensation (more than minor irritation inherent to society)

Question 3

Factor 2

Nature of Harm

Answer 3

Less favored: aesthetic harms, interference with light, stigmatic, mere property value

More favored: health, safety, physical protection, noise, odor

Particular sensitivity NOT protected – only normal use and ordinary person

Question 4

Factor 3

Economic vs Moral Value of Conflicting Activities

Answer 4

moral and economic cost/benefit of allowing versus prohibiting harmful conduct

Question 5

Factor 4

Suitability of Location for Use

Answer 5

right thing, wrong place?

Question 6

Factor 5

(1) Ability of a party to avoid conflict AND (2) practicability and fairness of making party do so

Answer 6

a. Avoid conflict
i. Disadvantage if party should have avoided
ii. Advantage if there first

b. Practicability and fairness
i. Can party mitigate/avoid conflict of uses?
ii. May be liable even if highest degree of care used to prevent situation
iii. If cost unfeasibly high to prevent, may not be required

Question 7

Fontainebleau court

Answer 7

bright line rule that blocking air & light is not nuisance bc not a legal right

Question 8

Prah court

Answer 8

flexible standard that blocking light & air should use factors

Question 9

Light is…

Answer 9

nuisance not trespass