Torts Nuisance - MBE
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What are the 2 types of nuisance?
What is a public nuisance?
an unreasonable interference with a right common to the general public (health, safety, and morals of the community)
Who typically brings a public nuisance action?
a government actor such as an AG
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
What is a private nuisance?
a thing or activity that substantially and unreasonably interfers with the P's use and enjoyment of his land
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
If a private nuisance is unintentional under what rules is it actionable?
those controlling liability for negligent or reckless conduct
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
What are the remedies for nuisance?
What is the default damages for nuisance?
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
What would you like to do?
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