Nuisance

What is a public nuisance?

Unreasonable interference with health safety and morals of the community
Who typically brings public nuisance claims?

A government actor such as an Attorney General
When can a private party collect damages for public nuisance?

If the harm suffered by the private party is distinct from the nuisance harms the public in general suffers
What is a private nuisance?

A substantial and unreasonable interference with the plaintiff's use and enjoyment of the plaintiff's land
What is the mental state of defendant's in a nuisance action?

Most private nuisance claims are intentional, but they can technically be negligent as well
What are the five factors to consider when determining whether a nuisance is a substantial and unreasonable interference?
- Value of the defendant's activity
- Whether there are alternatives
- The nature of the locality
- The extent of the plaintiff's injury
- Who was there first; used to be a definitive argument, but now it is only a factor
What is the most common remedy to nuisance? What other remedy is available?
- Injunctions
- Damages
What must a plaintiff persuade the judge of to get an injunction?
- The plaintiff is suffering/will suffer irreparable harm; and
- That damages are an inadequate remedy
What is the judge's role if the plaintiff establishes the basic elements required for an injunction?

A judge must do a balancing of the equities to determine whether the plaintiff is entitled to equitable relief.

Author

taskd6

156650

Card Set

Nuisance

Description

Nuisance flashcards made from Kaplan Lecture

Updated

2012-05-31T16:39:45Z