Privacy and Nuisance

Question 1

Private Nuisance

Answer 1

Private nuisance is a substantial, unreasonable interference with a private individual’s right to use and enjoy the property he possesses or has an immediate right to possess

Question 2

Public nuisance

Answer 2

An act that unreasonably interferes with the health, safety, or property’s rights of the community

Question 3

Substantial, unreasonable interference

Answer 3

Substantial interference: annoying, offensive, or inconvenient to the average person in the community

Unreasonable: the injury to the plaintiff outweighs the utility of the defendant’s conduct–balance the interests

Question 4

Nuisance Remedies

Answer 4

1. Damages
2. Injunction
3. Self-help abatement

Question 5

Self-Help Abatement

Answer 5

Abatement is the ending or stopping of the harm. The P may take reasonable steps to abate the nuisance, by first providing notice to the D and the D refuses to abate the nuisance. Only available to P for public nuisance if the P suffers unique damages