PA310_Unit3.pptx - PA 310 Tort Law Seminar Outline Nuisance...

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PA 310 Tort Law
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Seminar Outline Nuisance Private Public Mixed
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Nuisance A nuisance is an unreasonable or unlawful use of one’s real property that injures someone or interferes with use of the owner’s land. Types of nuisance: private, public, mixed
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Private Nuisance A private nuisance occurs when the tortfeasor uses his or her land in such a way as to unreasonably and substantially interfere with another person's use and enjoyment of the land. Plaintiff: private person or entity
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Elements of Private Nuisance 1. activity that unreasonably and substantially interferes with another’s use of their land 2. unreasonable and substantially defined by community standard 3. defendant’s conduct must proximately cause plaintiff’s injuries
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Examples of Private Nuisance Vibrations Pollutions Flooding Noxious odors Extreme noise
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Coming to the Nuisance Defense Plaintiff owns or uses land at a location in which the alleged nuisance activity was previously occurring.
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