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Chapter 15

NUISANCE

  The term “nuisance” refers not to a type of tort, but to a type of injury which P has sustained. There are actually two types of nuisance: “public nuisance” and “private nuisance.”
  • Public nuisance:  A “public nuisance” is an interference with a right common to the general public. If D releases noxious odors or harmful chemicals into the air, cuts off the use of a public road, or maintains an unlicensed business, all of these may be public nuisances.
  • Private nuisance:  A “private nuisance” is an unreasonable and substantial interference with P’s use and enjoyment of his land.
    • Requirements:  The plaintiff in a private nuisance action must show two things: (1) that he has an interest in land that has been substantially and unreasonably interfered with; and (2) that D behaved in a negligent, abnormally dangerous or intentional manner.
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