Nuisance

Question 1

private nuisance

Answer 1

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 2

public nuisance

Answer 2

an act that unreasonably interferes with the health, safety, or property rights of the community. recovery by a private party is available for a public nuisance only if the private party suffered unique damage not suffered by the public at large.

Question 3

Remedies

Answer 3

1. damages
2. injunctive relief - if the legal remedy of damages is unavailable or inadequate, injunctive relief will be awarded
3. abatement by self-help

Question 4

abatement by self-help

Answer 4

in the case of a private nuisance, self-help abatement is available after notice to defendant and his refusal to act. Only necessary force may be used. In public nuisance cases, only a public authority or a private party who has suffered some unique damage can seek an injunction or abatement

Question 5

Defenses

Answer 5

1. legislative authority
2. conduct of others
3. contributory negligence unless plaintiff’s case rests on a negligence theory
4. coming to the nuisance