This matter arose out of a motor vehicle accident. In response to the Complaint, the Defendant filed an Answer and New Matter in which he denied liability and asserted affirmative defenses.
The term nuisance first emerged in the thirteenth century and referred to actions that took place on the land of the defendant, but interfered with the rights of the plaintiff. A writ of nuisance could be obtained to take action against the defendant.
This action gave rise to the modern day private nuisance, and eventually public nuisance, which was any crime that was committed against the crown. At this point in time the term was very widely used and vague in its meaning; any type of wrongdoing was often termed nuisance.
In modern tort law there are different types of nuisances: A private nuisance effects one individuals enjoyment of his land, while a public nuisance effects a larger amount of citizens, or the public in general.
Absolute nuisances are nuisances for which the defendant is strictly liable. A land owner is entitled to a certain level of comfort that is free from interference while on Nuisance in tort private property.
Private nuisance can come in the form of physical damage to the property or the disturbance of comfort. Tort law distinguishes a public nuisance from a private one based on the amount of people that are effected; a private nuisance may only effect a small amount of people. A private land owner can bring action against another for private nuisance, as long as he can prove the defendant interfered with his ability to enjoy the land.
Substantial and Unreasonable Interference: A complaint by an overly sensitive plaintiff will not be considered a nuisance on the part of the defendant, because the offense must be something that would disturb the average, reasonable person. Because nuisance is a tort that is based on the reasonable person standard, it is very dependent on the individual circumstances of a situation.
A nuisance per se is an act that is always considered to cause a nuisance, while a nuisance in fact depends entirely on the situation. If it is found that a defendant created a nuisance, he will be responsible for providing relief. When the court issues an injunction, it requires the plaintiff to either start or stop doing a specific action.
In obtaining injunctive relief, the plaintiff may also request a temporary restraining order which will prohibit the defendant from engaging in the alleged nuisance until the courts have issue their ruling.
The court may then issue a permanent injunction; if the defendant violates this injunction he will be subject to fines and possible imprisonment. The courts consider several factors when determining whether the defendant has committed a nuisance and whether the plaintiff is entitled to a remedy.
The courts will weigh the interests of both parties and consider whether the defendant has made an attempts to minimize the alleged nuisance, or if the defendant has the means to do so.
The situation in which the tort was committed is taken into account, and may be dependent on characteristics of the area.
Any intentional pollution or interference with real property rights or a trespass into private property is actionable. In an intentional tort, the actor is aware that the consequences are very likely to occur. When plaintiffs are effected by a private or public nuisance, they have the right to seek relief for damages from the defendant.
Sometimes monetary damages are awarded in nuisance cases, but more often, it is equitable damages. An injunction requires the defendant to permanently refrain from the nuisance activity, or limit it to a certain time of day or amount of hours. Sometimes money damages are offered to the plaintiff and the defendant is still permitted to engage in the activity.
A nuisance resulting from negligence refers to an interference with the property rights of a land owner by a defendant who was not exercising proper care. For example, hosting an excessively loud party during a time when the defendant should reasonably believe that the plaintiff would be sleeping is considered a nuisance.
The defendant did not take proper care to ensure that his acts would not interfere with the comforts of others.
If the courts determine that the nuisance that exists is one involving hazordous activity towards others, then the defendant will be subject to strict liability. If a defendant is storing hazardous chemicals on his property and, despite the utmost care, these chemicals somehow interfere with the plaintiff, he is liable for the damages caused, whether it be physical damage or interference to enjoyment.The classic 19th century definition of a contract is 'a promise or set of promises which the law will enforce' (Pollock, Principles of Contract 13th edition).
That is to say, there is reciprocity of undertaking passing between the promisor and the promisee. Tort, on the other hand, is generic in nature and therefore more difficult to srmvision.com is a collection of civil law remedies entitling a.
Tort law negligence, duty of care, personal injury and property damage, omissions, policy factors, negligently inflicted psychiatric harm, breach of duty, causation, remoteness of damage.
Because nuisance is a tort that is based on the reasonable person standard, it is very dependent on the individual circumstances of a situation.
A nuisance per se is an act that is always considered to cause a nuisance, while a . A glossary for the New Mexico Judiciary of commonly used legal terms. Providing a detailed overview of the law of nuisance this book addresses contentious issues such as the distinction between the rule in Rylands v Fletcher and the law of private nuisance; the law that excludes personal injuries from the remit of nuisance, and the relationship between public and private nuisance.
Prosser and Keeton on Torts, 5th Edition [William Lloyd Prosser, W. Page Keeton, Dan B. Dobbs, Robert E. Keeton, David G. Owen] on srmvision.com *FREE* shipping on qualifying offers. This classic legal text mphasizes contemporary developments in order to reflect the shift in tort law toward the plaintiff's side and expanded liability.
Expanded coverage is included on subjects such as.