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10 Cards in this Set

  • Front
  • Back
Law of Nuisance
no person may use their own land in an unreasonable manner that SUBSTANTIALLY LESSENS another person’s use and enjoyment of their land.
Private Nuisance
is a SUBSTANTIAL INTERFERENCE with private rights to use and enjoy land.
- Can be intentional or unintentional
{Private Nuisance}
Substantial
Would the nuisance would substantially impede the enjoyment of land for an AVERAGE PERSON.
{Private Nuisance}
Intentional
- The person knows that the activity is interfering with the other’s right to use and enjoy land.
- Must also be unreasonable.
{Private Nuisance}
(Intentional)
Unreasonable
- Does not mean a failure of due care.
- There are two different standards:
1) Restatement
2) Jost Threshold Test
{Private Nuisance}
(Intentional)
Unreasonable - Restatement: Harm v Utility
- Harm v social utiloty
1. Harm
a. Extent of the harm
b. Character of the harm
c. Suitability of the use to the location
d. Burden of avoiding the harm
2. Social Utility
a. Social value of conduct
b. Suitability to the location
c. Practical difficulty of preventing the harm
{Private Nuisance}
(Intentional)
Unreasonable - Jost Threshold Test
If the conduct reaches a certain level of interference, then it is unreasonable regardless of the social utility. (Jost v. Dairyland Power Coop)
{Private Nuisance}
(Intentional)
Unreasonable - Restatement: Uncompensated harm v. Ruinous Liability
- If there is a serious harm and making D pay would not bankrupt him , he has to pay.
- Otherwise it is balanced by Harm v. Utility test.
{Private Nuisance}
Unintentional
Nuisance where conduct is:
1. Negligent; OR
2. Reckless; OR
3. Ultrahazardous
Public Nuisance
Inflicts nuisance on a large class of people.