Torts - Intentional Tort #7: Nuisance

Nuisance definition generally

To engage in an activity or create a condition that is harmful or annoying to others for which one is legally liable

Elements of private nuisance — A D’s . . .

1. volitional act that either

2. intentionally and unreasonably; or intentional and otherwise action-ably

3. caused an

4. invasion of P’s private use and enjoyment of his land

For nuisance, the threshold of unreasonableness is crossed when . . .

. . . the gravity of the harm outweighs the utility of the conduct.

Factors contributing to unreasonableness for nuisance

• Magnitude of the harm

• Frequency of the harm

• Character of the neighborhood

• Social expectations of the area in which the harm is occurring

• Utility of D’s activities causing the harm

• Impact that the harm has on a reasonable person in the community

Coming to the nuisance

Courts give some deference to the party that was in the physical area first. If P “comes to the nuisance” that D is creating, the court is more sympathetic to D.

Coming to the nuisance IS/IS NOT a complete defense.

IS NOT

Remedies for nuisance

• Injunction

• Injunction + indemnification

• Damages

Remedies for nuisance are determined using a _______ perspective.

utilitarian

Elements of public nuisance — A D’s . . .

1. volitional act that he has the

2. intent to do that

3. causes an

4. unreasonable interference with

5. a right common to the general public

LIA rule (majority) on liability for public nuisance

D must have control over the instrumentality by which the public nuisance is occurring.

Who can sue for public nuisance?

• Private citizens

• Public officials

Private citizens suing for public nuisance can seek (1)_______ or (2)_______ if they have suffered (3)_______.

1. damages

2. injunctive relief

3. harm of a different kind

What does “harm of a different kind” mean when a private citizen is suing for public nuisance?

P has suffered harm to a greater degree than other citizens who are also effected.

Public officials can seek _______ when suing for a public nuisance.

injunctive relief