Remedies for Nuisance Flashcards
1
Q
Compensatory Damages
A
a. Compensatory damages vary depending on proximity, effect of nuisance to each P. NV Cement Co
2
Q
Punitive Damages
A
a. For punitive damages in a nuisance claim, D must have acted with wanton disregard/malice/intent. NV Cement Co
b. If D knew it was harming P and still does it, then there can be malice/wanton disregard.
c. Usually calculated by looking at net worth
3
Q
Indemnification
A
a. If P sues on private nuisance and succeeds, they may be required to pay D with regards to costs of moving/closure.
4
Q
Equitable Relief
A
- Injunction – apply balancing equity for private nuisance claims
a. Can be made conditional i.e. If D doesn’t have best available technology within 6 months, then there will be injunction.
