Torts - Nuisance

Question 1

Types of Nuisance

Answer 1

1. Private

2. Public

Question 2

Nuisance Definition

Answer 2

The invasion of either private property rights or public rights by conduct that is tortious because it falls into the unusual categories of tort liability

Question 3

Private Nuisance

Answer 3

A substantial, unreasonable interference with another private individual’s use or enjoyment of property that he actually possesses or to which he has a right of immediate possession.

Question 4

Substantial Interference - Nuisance

Answer 4

Interference that is offensive, inconvenient, or annoying to the average person in the community.

NOT: If it is merely the result of plaintiff’s hypersensitivity or specialized use of his own property

Question 5

Unreasonable Interference - Nuisance

Answer 5

For nuisances bad on intent or negligence: Severity of the inflicted injury must outweigh the utility of the defendant’s conduct.

Balancing test for courts: every person is entitled to use his own land in a reasonable way, considering the neighborhood, land values, and existence of any alternative courses of conduct open to the defendant.

Question 6

Nuisance Distinguished from Trespass to Land

Answer 6

In trespass there is an interference with the landowner’s exclusive possession by a physical invasion.

IN NUISANCE: There is an interference with use or enjoyment.

Question 7

Public Nuisance

Answer 7

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

Question 8

Recovery for Public Nuisance

Answer 8

Recovery by a private party only if the private party suffered unique damage not suffered by the public at large.

Question 9

Nuisance Remedies

Answer 9

1. Damages
2. Injunctive Relief
3. Abatement Self Help

Question 10

Nuisance - Damages

Answer 10

Plaintiff will usually be awarded damages.

Question 11

Nuisance - Injunctive Relief

Answer 11

If damages are unavailable or inadequate. (i.e. Nuisance will cause irreparable damages.

COURT: Will consider the relative hardships.

Hardships will not be balanced where defendant’s conduct was willful.

Question 12

Nuisance - Abatement Self Help

Answer 12

Private Nuisance only after notice to defendant and his refusal to act.

ONLY necessary force.

Public Nuisance - only a public authority or a private party who has suffered some unique damage can seek injunction or abatement.

Question 13

Nuisance Defenses

Answer 13

1. Legislative Authority
2. Conduct of Others
3. Contributory Negligence
4. Coming to the Nuisance

Question 14

Nuisance Defenses - Legislative Authority

Answer 14

Legislative Authority for the Nuisance Activity (Zoning).

Not absolute defense but persuasive.

Question 15

Nuisance Defenses - Conduct of Others

Answer 15

No one actor is liable for all damaged caused by concurrence of his act and others.

Example: Multiple Steel Mills polluting a stream.

Question 16

Nuisance Defenses - Contributory Negligence

Answer 16

No defense to nuisance unless plaintiff’s case rests on a negligence theory.

Question 17

Nuisance Defenses - Coming to the Nuisance

Answer 17

Purchasing land next to an already existing nuisance.

Generally not a bar to plaintiff’s action unless she came to the nuisance for the sole purpose of bringing a harassing lawsuit.