Nuisance

Question 1

Types of Nuisance

Answer 1

1. Public Nuisance
2. Private Nuisance

Question 2

What is a public nuisance?

Answer 2

an unreasonable interference with a right common to the general public.

Question 3

Requirements for recovery for public nuisance

Answer 3

plaintiff must have suffered harm of a kind different from that suffered by other members of the public

Question 4

What is a private nuisance?

Answer 4

• A thing or activity
• that substantially and unreasonably interferes
• with plaintiff’s use and enjoyment of his land

Question 5

Private nuisance

Substantial Inteference

Answer 5

It must be offensive, inconvenient, or annoying to an average person in the community

Question 6

Private Nuisance

Unreasonable inteference

Answer 6

the gravity of the plaintiff’s harm outweighs the utility of the defendant’s conduct,

OR

if intentional, the harm caused by the defendant’s conduct is substantial and the financial burden of compensating for this and other harms does not render unfeasible the continuation of the conduct

Question 7

Factors for determining whether a nuisance is a substantial and unreasonable interference

Answer 7

1. Value of the ∆’s activity
2. Alternatives
3. Nature of the locality
4. Extent of the plaintiff’s injury
5. Who was there first?

Question 8

Remedies

Answer 8

1. Injunction