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Nuisance

Torts II - Nuisance

QuestionAnswer
Public Nuisance An unreasonable interference with a right common to the general public
I. Public Nuisance II. Private Nuisance III. Defenses I. A. Public Rights B. Unreasonable Interference C. Special Injury Rule/Standing II. A. Duty B. Interference w/ Use & Enjoyment C. Damages v. Injunctive Relief
Nuisance Types Public Nuisance - unreasonable interference with a right common to the general public Private Nuisance - Unreasonable interference with plaintiff's private use & enjoyment of real property
Public Nuisance & Unreasonable Interference Conduct that: 1. Involves Substantial Interference with public health, safety, peace, comfort, convenience, morals 2. Proscribed by statute, ordinance, administrative regulation; or 3. Continuing/permanent, significant detrimental effect on public righ
Public Nuisance, standing to sue Generally, governmental entity eforces public nuisances
Special Injury Rule - Hercules Private individual may bring public nuisance claim: * suffers harm of "a kind different" from other members of the public "exercising the right common to the public" that was the subject of the interference
Private Nuisance Unreasonable interference with the plaintiff's use and enjoyment of real property
Private Nuisance, proper plaintiffs D owes a duty to: * Neighboring land occupiers * NOT purchasers/tenants of D's property
Private Nuisance, key requirements * Proper P/Duty owed to P - neighboring land occupiers * Tortious conduct by D - intentional, negligent, or strict liability act * Substantial, unreasonable interference with P's use & enjoyment of land
Private Nuisance, Forms of relief 1. Damages 2. Injunction 3. Self-help abatement
Nuisance per se At all times, under any circumstances, in any location
Nuisance per accidens By reason of location, or by the manner constructed, maintained, or operated
Private Nuisance - Requirements of P's Harm * Interference w/ P's use & enjoyment * Substantial interference * Unreasonable interference * P's possessory right to the property
Private Nuisance - Substantial Interference * Real and appreciable * More than slight inconvenience * "Ordinary person" in P's position would take offense
Private Nuisance - Unreasonable Interference (Restatement) * Balance of the Equities (R>U) * Serious harm to P and compensation by D feasible * Severe harm greater than P should have to bear without compensation
Private Nuisance - Balancing of the Equities If U>R - interference is NOT a nuisance R = gravity of harm to P's use and enjoyment U = Utility of D's activities
Private Nuisance - RS Factors, Utility of D's Activities * Purpose of D's conduct * Social Value of Purpose * Location Suitability for D's Use
Private Nuisance - RS Factors, Gravity of Harm (R) * Extent & Duration * Nature/Character of harm * Social value of P's use of property * Location suitability for P's use * Burden on P to avoid the harm
Private Nuisance - Serious Harm Rule Unreasonable interference may exist if: * Harm to P is serious * Payment of damages feasible, AND * Payment will NOT put D out of business
Created by: PrGrd