Other Torts

Question 1

Nusicance (private)

Answer 1

A substantial unreasonable interference with another private individual’s use of enjoyment of property that is offensive inconviemt or annoying to the a G person in the community.

The injury outweighs the utility of defendant’s conduct ( can’t just be unsighting views

Balancing test; the relative interests of the parties and common practices in the relanant location

If nuisance can’t be removed without undue burden and is utility damage for reduction of property value of thaffected p may be ordered

Question 2

Nuisance and water rights

Answer 2

Can’t substantially interfere with the use and enjoyment of the downstream property

Question 3

Defamation public office

Answer 3

A defamortory statement; neg to truth or certainty; actual malice ( knew could be false and still entertained);

Question 4

Damages for defamation

Answer 4

Slander : special harm ( p has to prove a harm occured

Libel: no special damages, damages are presumed, just dafamtory statmemt

Question 5

Absolute and qualified privilege

Answer 5

Absolute priv- plaintiff consented to the publication of the statement (recommendation)