Torts#4, Nuisance

Front 1

Private nuisance

Back 1

conduct by D which creates an unreasonable, substantial interference w/ P's use or enjoyment of prop. It is considered personal to P. Note that the act need not be intentional or even neg to constitute a nuisance.

Front 2

Private nuisance--damages recoverable

Back 2

all harm resulting proximately from the nuisance, both personal (including e,g, diseases caught from inhaling fumes) + prop.

Front 3

Public nuisance

Back 3

affects the community at large through an act orcondition which unreasonably interferes w/ the health, safety or convenience of the general public e.g. blocking a highway, operating a brothel.

Front 4

3 types of interference that may constitute the basis of a private nuisance claim

Back 4

1. land itself
2. health/ comfort
3. peace of mind

Front 5

Balancing test used to determine whether D's use of prop is unreasonable

Back 5

Burden on P's enjoyment + use of his land v the utility and necessity of D's use.

Front 6

Nuisance--offensiveness is determined by what standard?

Back 6

objective--conduct must be offensive to person of average sensibilities

Front 7

Possible defense for owner/landlord if sued for nuisance

Back 7

To recover, P must prove invasion of one's possessory interest in land. If owner has leased prop, then it is not his own possessory interest which is invaded.