- Nuisance (Public + Private)
a. Private Nuisance: Right to private enjoyment of your land without unreasonable interference by others
i. Do you need physical invasion to cause a nuisance? Say you paint your house purple pink and lower the market value of every other place. Courts go either way on this.
ii. Do we care about cost benefit when it comes to these nuisances?
b. Intentional Nuisance: Rest. + Many Cases: If Intentional nuisance we will not weight cost benefit as long as it is a substantial nuisance. Morgan v. High Penn Case.
i. Knowledge of substantial certainty can substitute for purpose when it comes to the intent of nuisance.
c. Negligent/Ultrahazordous Nuisances: Have to do cost benefit by definition. Ultrahazardous would require some more dangerous activity.
i. Should we grant injunction or damages or both?
ii. Liability rule, you can abridge if you are willing to compensate after the fact.
iii. Property rule: respectful of idiosyncratic value. Downside of the monopoly power. Sternly forbidding someone from getting title to the land.
d. Public Nuisance: Something that affects the rights of the general public. Parking your car in the middle of I-5. Private party can sue for public nuisance if you are uniquely affected by it in a way that most people are not.
What is the majority view on coming to a nuisance?
Coming to a nuisance [plaintiff moves to defendant’s established locale] does not completely bar a suit for damages or injunctive relief, but a factor to be considered in adjudicating the action.
Private Nuisance?
Do you need physical invasion to cause a nuisance?
Right to private enjoyment of your land without unreasonable interference by others.
Say you paint your house purple pink and lower the market value of every other place. Courts go either way on this.
Intentional Nuisance?
Rest. + Many Cases: If Intentional nuisance we will not weight cost benefit as long as it is a substantial nuisance. Morgan v. High Penn Case.
Knowledge of substantial certainty can substitute for purpose when it comes to the intent of nuisance.
Negligent/Ultrahazordous Nuisances
Have to do cost benefit by definition. Ultrahazardous would require some more dangerous activity.
Public Nuisance
Something that affects the rights of the general public. Parking your car in the middle of I-5. Private party can sue for public nuisance if you are uniquely affected by it in a way that most people are not.
