Torts - MEE

Question 1

Nuisance

General

Answer 1

Nuisance

1. Private: A substantial and unreasonable interference with the use of enjoyment of another’s property.
2. Public: An unreasonable interference with a right common to the general public, such as public health, safety, or morals. A private individual may sue only if they have a unique harm not suffered by the community at large, and need not have a present possessory interest.
3. Defenses: coming to nuisance, compliance with zoning laws, contributory negligence, assumption of risk, laches, 3rd party liability
4. Remedies: damages, injunction, self-help
5. Trespass vs. Nuisance: physical invasion vs. non-physical interference; exclusive possession vs. use & enjoyment
6. Examples: odor, sound, light, hazard, vibration, smoke, spite fence, explosives, block path, block solar, mental hospital, halfway house

Question 2

Nuisance

Private Nuisance

Answer 2

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Private Nuisance

A substantial and unreasonable interference with the use of enjoyment of another’s property.

1. Substantial: highly offensive, inconvenient, or annoying to average person in community
   • objective; not: routine & innocuous (mowing lawn), hypersensitive (unless substantial minority), specialized use
2. Unreasonable: balance severity vs. utility; harm greater than one should be required to bear w/out consideration
   • factors: balance hardships, social value, coming to nuisance, entitlement to use land, zoning compliance, nature, location, extent, frequency, duration, degree, neighborhood, land values, alternatives, burden to avoid, willful, causes reasonable fear
3. Interference with Use & Enjoyment: fact-specific; subjective
4. Another’s Property: present right to possession - own or rent property

Question 3

Nuisance

Public Nuisance

Answer 3

Public Nuisance

An unreasonable interference with a right common to the general public, such as public health, safety, or morals. A private individual may sue only if they have a unique harm not suffered by the community at large, and need not have a present possessory interest.

1. Unreasonable: morals & welfare (illegal, prostitution, gambling); balance severity vs. utility; harm greater than one should be required to bear w/out consideration
   • factors: balance hardships, social value, coming to nuisance, entitlement to use land, zoning compliance, nature, location, extent, frequency, duration, degree, neighborhood, land values, alternatives, burden to avoid, willful, causes reasonable fear
2. Interference with Common Right: fact-specific; subjective; community property rights
3. Unique Harm: eg, tripped on barrier blocking sidewalk; must have actual damages; higher degree of harm is not unique

Question 4

Nuisance

Defenses

Answer 4

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Nuisance Defenses

1. General: contributory negligence, assumption of risk, laches, 3rd party liability
2. Coming to Nuisance: factor - not dispositive; even if knew before, still have right to reasonable use & enjoyment of land; only if in good faith & not to harass
3. Compliance with Zoning Laws: factor - not dispositive

Question 5

Nuisance

Remedies

Answer 5

Nuisance Remedies

1. Damages: certain, unavoidable, losses, foreseeable losses, pain & suffering, loss of use & enjoyment, cost to abate, discomfort; if permanent and unavoidable, pay permanently-multi
2. Injunction: damages inadequate or unavailable; irreparable injury; continuing; → injunction elements
3. Self-Help: after notice & refusal to act, privilege to enter land and abate nuisance using only force necessary to accomplish abatement; liable for additional harm; if public & not unique, no self-help

Question 6

Nuisance

Trespass vs. Nuisance

Answer 6

Trespass vs. Nuisance

• Trespass: physical invasion that violates another’s right to exclusive possession of their land
• Nuisance: non-physical interference with another’s use and enjoyment of their land

Question 7

Intentional Torts

Battery - Elements

Answer 7

Battery

1. Intentional
a. Purpose
b. Substantial certainty

2. Harmful or offensive contact
a. Physical injury
b. Offend personal sense of dignity

3. To another’s person
a. Body
b. Item closely associated with body

Question 8

Intentional Torts

Battery - Rule

Answer 8

Battery

Battery is an intentional harmful or offensive contact with another’s person.

1. Intentional: D acted with the intent to cause a harmful or offensive contact.

• Intent: D acted with purpose or substantial certainty.
  
  • Purpose: D’s conscious objective was to cause the contact.
  • Substantial Certainty: D knew with substantial certainty that their actions would result in the contact.
  • Transferred Intent: D intended to commit a different tort or a tort against a different person.

2. Harmful or Offensive Contact:

• Harmful: Caused physical injury.
• Offensive: Offended reasonable sense of personal dignity, judged objectively.

3. To Another’s Person:

• Made physical contact with P’s body, or anything closely associated with it, such as clothing or an object they are holding.

Question 9

Intentional Torts

Battery - Outline

Answer 9

Battery
Intentional
Purpose
Conscious objective to cause contact
Substantial Certainty
Knowledge to substantial certainty contact would result
Harmful or Offensive Contact
Harmful
Cause physical injury
Offensive
Offend reasonable sense of personal dignity objectively
Another’s Person
P’s body
Anything closely associated