Nuisance

Question 1

What are the different types of nuisance?

Answer 1

A tort dealing with real property

• Public nuisance
• Private Nuisance

Question 2

What is a public nuisance?

Answer 2

Arises where there is an unreasonable interference with the

• health,
• safety, and
• morals of the community

Question 3

Who can bring an action for public nuisance?

Answer 3

• Usually brought by a gov’t actor
• Private individual can only bring if
  
  • the individual suffers a type of injury distinct from that which the public @ general suffers

Comes up in the context of:

• environmental harm
• adult enterprises

Question 4

What is a private nuisance?*********************

Answer 4

Arises where there is a substantial & unreasonable interference with P’s use and enjoyment of P’s land

Question 5

What is the mental state for private nuisance?

Answer 5

Generally intentional.

Once Private Nuisance is placed on notice & continues to do something or do not stop doing something, it is intentional

Question 6

What factors to consider in determining whether a nuisance is substantial & unreasonable interference for private nuisance?

Answer 6

This is a balancing test:

1. Value of the Δ’s activity
2. What are the alternatives
3. What is the nature of the locality
4. What is the extent of P’s injury
5. Who was there 1st

Question 7

What are the remedies for a nuisance?

Answer 7

• Injunction
  
  • P must persuade
    
    1. P suffered or will suffer irrepable harm AND
    2. damages are an inadequate remedy
• the judge has to do a balancing to determine whether to give this equitable relief to see if fairness to impose it
  
  • impact on Δ
  • impact on community @ large