Rule Statements from GA Torts Essays

Question 1

What is a private nuisance?

Answer 1

A private nuisance exists when one uses his property in an unreasonable fashion so as to interfere with the use and enjoyment by another of his property.

Question 2

What is the legal remedy for a private nuisance?

Answer 2

The legal remedy (i.e., money damages) is generally held to be inadequate because use of land is involved.

Question 3

What may be issued if the requirements for injunctive relief are met in a private nuisance case?

Answer 3

An injunction may be issued.

Question 4

What must a plaintiff prove to establish a prima facie case for prospective interference with a business relationship?

Answer 4

The plaintiff must prove: (i) existence of a valid business expectancy, (ii) defendant’s knowledge of the expectancy, (iii) defendant’s intentional interference with the expectancy, and (iv) damage to the plaintiff.

Question 5

Is injunctive relief typically available for prospective interference claims?

Answer 5

Injunctive relief typically is not available to remedy a prospective interference claim.

Question 6

What does a prospective interference claim usually seek?

Answer 6

A prospective interference claim usually seeks money damages (a legal remedy).