Nusiance

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Nusiance by Mind Map: Nusiance

1. Defined

1.1. An act or condition on the defendant's land that substantially and unreasonably interferes with the Plaintiff's use and enjoyment of the Plaintiff's land.

1.1.1. The interference may be an intangible invasion and physical invasion

1.1.1.1. Intangible invasions: Smell light sounds, dust, pollution

1.1.1.2. Physical- actionable in trespass.

1.1.2. An interference may be intentional or unintentional (negligent)

1.1.2.1. disfavored and fall below expected standards of conduct or nuisances per se or Nuisances as a mater of law

1.1.3. Substantial interference

1.1.3.1. Must be substantial to be a private nusiance

1.1.3.2. Inidividuals must tolerate certain annoyances

1.1.3.3. Persons of normal sensitivities would consider the interference substantial.

1.1.3.3.1. No petty plaintiff

1.1.4. Unreasonable interference

1.1.4.1. Defendant's conduct will be a private nuisance

1.1.4.1.1. (a) Gravity of harm outweighs the social utility of defendant's conduct

1.1.4.1.2. (b) Plaintiff's ham is sufficiently greater tan plaintiff should bear w/o compensation

1.1.4.1.3. (c) harm is grave and cost to compensate on defendant is not impractical

1.1.4.1.4. (d) Defendant can avoid interference w/o undue hardship

1.1.4.1.5. (e) Harm sufficiently grave plaintiff's use is well suited to locality and defendant's conduct

2. Remedy

2.1. Typically with an injunction.

2.2. Subject to the two versions of balancing utilities

2.2.1. (1) each land owner has to tolerate some inconveniences and annoyances for the benefit of industrial and technological advances and only if harm outweighs social utility

2.2.2. (2) harm by major economic entities DOES NOT equate to a nusiance