Torts Outline1) take his past exams he recycles questions2) read the notes in the casebook he gets questions from themTort=the doing and suffering of wrong and asking for compensationAct wrongfulin 3 ways:1)intentional wrongdoing2)negligence3)strict liabilityN U I S A N C ENuisance: a substantial and unreasonable interferencewith the use and enjoyment of theproperty such that would disturb the ordinary person in the community. 2 year statute oflimitation.Private Nuisance:An interference with an individual’s right to reasonable private use andenjoyment of his personal property. Interference must be significant. Hypersensitive / Special needs:courts will favor the more general use. This involves looking atpeoples legal rights, as well as taking the locality standard into consideration.●Rogers v Elliot: Ones use in property may be unlawful if it causes annoyance to reasonablepeoplein the vicinity who are similarly situated.○Here, Rogers was hypersensitive to the bell, and was not awarded damages. ○fairness and social good for everyone●Fountainbleau:A landowner must only use his property in a manner that does not injure thelegal rights of another.○Here, nobody has a legal right to sunlight and fountainbleau lost○if they could show malice they may have won, but they were not able too because there wereother reasons 45-25 would put the structure up●Amphitheaters:A landowner must only use his property in a manner that does not injure thelegal rights of another, even if there is substantial damages.○Here, amphitheaters was losing a ton of money because of the racetrack, but it was deemed to bethe sensitive party and therefore could not recover.
○again, if they could show malice they would have a good case but malice is hard to prove.●Appleby:Locality standard will play a factor. Injunction should be remedy if the nuisance wouldcontinue. ○Here, the smell is a nuisance because it causes a material discomfort to the people in thecommunity. ○injunction was deemed appropriate because nobody should submit to such a major annoyance fora minor sum of money. Economic Analysis:Damages is the agreement to bare a nuisance for money. Everyone has anindifference point. (Indifference point + $1 = possible settling point.) The court chooses to avoidthe more serious harm. Unreasonable- *Gravity of harm must outweigh the social utility, harm issignificant and burden to (D) is not to high. ●Bamford:A defendant who causes a nuisance to a plaintiff through the use of his or her propertymay lawfully continue his actions if they are for public benefit, but must compensate the plaintifffor any intrusion into the plaintiff’s use of his or her land.●Spur:When the public develops land in the vicinity of a public nuisance, the action creating thenuisance must be ceased by the party responsible for its creation, however, said party is entitledto compensation.