Torts Nuisance - MBE

Card Set Information

Author:
stac8199
ID:
159136
Filename:
Torts Nuisance - MBE
Updated:
2012-06-17 19:06:52
Tags:
Nuisance
Folders:

Description:
nusiance for MBE
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  1. What are the 2 types of nuisance?
    • (1) public
    • (2) private 
  2. What is a public nuisance?
    an unreasonable interference with a right common to the general public (health, safety, and morals of the community)
  3. Who typically brings a public nuisance action?
    a government actor such as an AG
  4. How can a P recover damages in an individual action for a public nuisance?
    P must have suffered harm of a different kind from that suffered by other members of the public
  5. What is a private nuisance?
    a thing or activity that substantially and unreasonably interfers with the P's use and enjoyment of his land
  6. When does a private nuisance become intentional?
    once D is placed on notice that his activity is interfering with the P use and enjoyment of land and doesn't stop the continued interference
  7. If a private nuisance is unintentional under what rules is it actionable?
    those controlling liability for negligent or reckless conduct
  8. What are the 5 factors used in determining whether a nuisance is a substantial and unreasonable interference?
    • (1) value of D's activity
    • (2) alternatives
    • (3) nature of the locality
    • (4) extent of P injury
    • (5) who was there first    
  9. What are the remedies for nuisance?
    • (1) money
    • (2) injunction 
  10. What is the default damages for nuisance?
    money
  11. To get an injunction, the P must persuade a judge of what?
    • (1) P is suffering or will suffer irreparable harm
    • (2) money damages are inadequate 

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