Privacy & Nuisance

Question 1

Public Nuisance

Answer 1

There are two types of nuisance: public and private.

Public Nuisance is an interference with a common right of the general public (e.g., health, safety, or property rights).

Elements are (1) substantial harm, (2) injury to public at large and (3) if private plaintiff, show of damages unique to those of public.

Question 2

Private Nuisance

Answer 2

There are two types of nuisance: public and private.

Private nuisance is a SUBSTANTIAL AND UNREASONABLE interference with plaintiff’s use and enjoyment of land.

(1) Pl interest in land / immediate right to possession
(2) substantial and unreasonable interference: offensive, inconvenience, annoying to average person in community
(3) Unreasonable: (A) means seriousness of actual harm outweighs any utility of Df actions OR (B) harm greater than required to bear without compensation