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Encyclopedia > Nuisance
Tort law II
Part of the common law series
Negligent torts
Negligence  · Negligent hiring
Negligent entrustment  · Malpractice
Negligent infliction of emotional distress
Doctrines affecting liability
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence  · Eggshell skull
Vicarious liability  · Attractive nuisance
Rescue doctrine  · Duty to rescue
Comparative responsibility
Duties owed to visitors to property
Trespassers  · Licensees  · Invitees
Defenses to negligence
Contributory negligence
Last clear chance
Comparative negligence
Assumption of risk  · Intervening cause
Strict liability
Ultrahazardous activity
Product liability
Nuisance
Other areas of the common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

Nuisance is a common law tort. It is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded case decisions. Image File history File links Scale_of_justice. ... // Tort is a legal term that means civil wrong, as opposed to a criminal wrong. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In tort law, the right to sue and recover damages from another on the basis of negligence, as opposed to numerous other tort theories discussed elsewhere, is based upon proving that the defendant failed to use ordinary care, that is,that degree of care for the protection of the person... Negligent hiring is a cause of action in tort law that arises where one party is held liable for negligence because they placed another party in a position of authority or responsibility, and an injury resulted because of this placement. ... Negligent entrustment is a cause of action in tort law that arises where one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. ... In law, malpractice is type of tort in which the misfeasance, malfeasance or nonfeasance of a professional under a duty to act fails to follow generally accepted professional standards. ... The tort of negligent infliction of emotional distress (NIED) is a controversial legal theory and is not accepted in many United States jurisdictions. ... In law, a duty of care is the legal requirement that a person exercise a reasonable standard of care to prevent injury of others. ... In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. ... In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... Res ipsa loquitur is a legal term from the Latin meaning literally, The thing itself speaks but is more often translated The thing speaks for itself. The doctrine is applied to tort claims which, as a matter of law, do not have to be explained beyond the obvious facts. ... In the United States, the calculus of negligence or learned hand rule is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of care has been breached (see negligence). ... The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from their activities leading to an injury to another person, even if the victim suffers unusual damages due to a pre... Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate and can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory... Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the... The rescue doctrine of the law of torts holds that, where a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue... A duty to rescue is a concept in the law of torts that arises in a narrow number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril. ... Comparative responsibility is a doctrine of tort law that compares the fault of each party in a law suit for a single injury. ... In the law of torts, property, and criminal law a trespasser is a person who is trespassing on a property, that is, without the permission of the owner. ... A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. ... An invitee is a term used in the law of torts to describe a person who is on the property of another because that property owner has chosen to hold the property open to some portion of the general public, because the owner of the property has allowed the licensee... Contributory negligence is a common law defence to a claim or action in tort. ... The last clear chance is a doctrine in the law of torts that is employed in contributory negligence jurisdictions. ... Comparative negligence is a system of apportioning recovery for a tort based on a comparison of the plaintiffs negligence with the defendants. ... Insert non-formatted text here Assumption of risk is a defense in the law of torts, which bars a plaintiff from recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity participated in. ... An intervening cause is a potential defense to the tort of negligence, if it is an unforseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause. ... Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. ... An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others... Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product. ... For other uses, see Contract (disambiguation). ... Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The law of evidence governs the use of testimony (e. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... // Tort is a legal term that means civil wrong, as opposed to a criminal wrong. ... In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. ...


Under the common law, persons in possession of real property (either land owners or tenants) are entitled to the quiet enjoyment of their lands. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance. Real property is a legal term encompassing real estate and ownership interests in real estate (immovable property). ... A tenant (from the Latin tenere, to hold), in legal contexts, holds real property by some form of title from a landlord. ... It has been suggested that Externality be merged into this article or section. ...


To be a nuisance, the level of interference must rise above the merely aesthetic. For example, if your neighbour paints their house purple, it may offend you, but it does not rise to the level of nuisance. In most cases, normal uses of a property that can constitute quiet enjoyment cannot be restrained in nuisance either. For example, the sound of a crying baby may be annoying, but it is an expected part of quiet enjoyment of property and does not constitute a nuisance.


In the late 19th and early 20th centuries, the law of nuisance became difficult to administer as competing property uses often posed a nuisance to each other and the cost of litigation to settle the issue grew prohibitive. As such, most jurisdictions now have a system of zoning that describes what activities are acceptable in a given location. Zoning generally overrules nuisance. For example, if a factory is operating in an industrial zone, neighbours in the neighbouring residential zone cannot make a claim in nuisance. Jurisdictions without zoning laws, essentially leave land use to be determined by the laws concerning nuisance. A typical zoning map; this one identifies the zones, or development districts, in the city of Ontario, California Zoning is a North American term for a system of land-use regulation. ...


Nuisances come in two forms: private and public.


A public nuisance is an unreasonable interference with the public's right to property. It includes conduct that interferes with public health, safety, peace or convenience. The unreasonableness may be evidenced by statute or by the nature of the act, including how long and how bad the effects of the activity.[1]


A private nuisance is simply a violation of one's use of quiet enjoyment of land. It does not include trespass.[2]


Any affected property owner has standing to sue for a private nuisance. If a nuisance is widespread enough, but yet has a public purpose, it is often treated at law as a public nuisance. Owners of interests in real property (whether owners, lessors, or holders of an easement or other interest) have standing only to bring private nuisance suits.

Contents

Damages

Under the common law, the only remedy for a nuisance was the payment of damages. However, with the development of the courts of equity, the remedy of an injunction became available to prevent a defendant from repeating the activity that caused the nuisance, and specifying punishment for contempt if the defendant is in breach of such an injunction. A remedy is the solution or amelioration of a problem or difficulty. ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ... An injunction is an equitable remedy in the form of a court order that either prohibits or compels (restrains or enjoins) a party from continuing a particular activity. ... Contempt is an intense feeling of disrespect and dislike. ...


The law and economics movement has been involved in analyzing the most efficient choice of remedies given the circumstances of the nuisance. In Boomer v. Atlantic Cement Co. a cement plant interfered with a number of neighbors, yet the cost of complying with an injunction would have exceeded the cost borne by the plaintiffs. The New York court allowed the cement plant owner to purchase the injunction for a specified amount--the permanent damages. In theory, the permanent damage amount should be the net present value of all future damages suffered by the plaintiff. Law and economics, or economic analysis of law, is the term usually applied to an approach to legal theory that incorporates methods and ideas borrowed from the discipline of economics. ... There are very few or no other articles that link to this one. ... Net present value (NPV) is a standard method for financial evaluation of long-term projects. ...


English Nuisance Law

For the English criminal law, see public nuisance.

The boundaries of the tort are potentially unclear due to the public/private nuisance divide and existence of the rule in Rylands v Fletcher. Writers such as John Murphy of the University of Manchester have popularised the idea that Rylands forms a separate, though related tort. This is still and issue for debate and is rejected by others (the primary distinction is Rylands concerns 'escapes onto land', and so it may be argued the only difference is the nature of the nuisance, not the nature of the civil wrong.) English law is a formal term of art that describes the law for the time being in force in England and Wales. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... Nuisance is a common law tort. ... // Tort is a legal term that means civil wrong, as opposed to a criminal wrong. ... It has been suggested that this article or section be merged with Rylands v. ... A number of people have been named John Murphy John Murphy (Alabama) was a 19th century Governor and Congressman from Alabama John Murphy (economist) is an economist who has studied Dow Theory John Murphy (Canadian politician) was a member of the Canadian House of Commons from 1993-1997 John Murphy... The University of Manchester is a large university located in Manchester, England. ...


Under English law the situation is different: the 1879 case of Sturges v Bridgman is still good law, and a new owner can bring a claim in nuisance for the existing activities of a neighbour.


Nuisance Law in the U.S.

In the U.S., the principle of coming to the nuisance states that existing uses of a property are generally not considered a nuisance if a new neighbor finds them objectionable. For example, if you move next door to a pig farm, you cannot claim that the normal operation of the pig farm constitutes a nuisance. However, if a pig farmer moves into a property that was formerly held by a flower nursery, their activities may constitute a nuisance.


Many states have limited the use of the law of nuisance. This often became necessary as the sensibilities of urban dwellers were offended by smells and agricultural waste when they moved to rural locations. For example, many states and provinces have "right to farm" provisions that allow any agricultural use of land zoned or historically used for agriculture, even if it poses a nuisance.


External links

  • No joy in Eldred? Neighbors' injunction against baseball upheld

  Results from FactBites:
 
Definition: Nuissance. (991 words)
A public nuisance is an interference with the common right of the general public or an indefinite number of persons; an unreasonable interference with the health, safety, peace, or comfort of the community.
A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it.
  More results at FactBites »

 
 

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