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    Nuisance Torts Notes

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    Dan Luis
    A public nuisance is an act, omission, or condition that affects a considerable number of people in the community. It can injure or endanger health and safety, annoy the senses, shock morality, or obstruct free passage. A public nuisance is classified based on the number of people affected, its nature as inherently wrong or accidentally wrong, and the available liability and remedies. It differs from trespass, which is a direct infringement of property rights, and negligence, which involves a lack of proper care rather than an inherently wrongful act.

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    Nuisance Torts Notes

    Uploaded by

    Dan Luis
    90 views1 page
    A public nuisance is an act, omission, or condition that affects a considerable number of people in the community. It can injure or endanger health and safety, annoy the senses, shock morality, or obstruct free passage. A public nuisance is classified based on the number of people affected, its nature as inherently wrong or accidentally wrong, and the available liability and remedies. It differs from trespass, which is a direct infringement of property rights, and negligence, which involves a lack of proper care rather than an inherently wrongful act.

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    Nuisance

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    A public nuisance is an act, omission, or condition that affects a considerable number of people in the community. It can injure or endanger health and safety, annoy the senses, shock morality, or obstruct free passage. A public nuisance is classified based on the number of people affected, its nature as inherently wrong or accidentally wrong, and the available liability and remedies. It differs from trespass, which is a direct infringement of property rights, and negligence, which involves a lack of proper care rather than an inherently wrongful act.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    90 views1 page

    Nuisance Torts Notes

    Uploaded by

    Dan Luis
    A public nuisance is an act, omission, or condition that affects a considerable number of people in the community. It can injure or endanger health and safety, annoy the senses, shock morality, or obstruct free passage. A public nuisance is classified based on the number of people affected, its nature as inherently wrong or accidentally wrong, and the available liability and remedies. It differs from trespass, which is a direct infringement of property rights, and negligence, which involves a lack of proper care rather than an inherently wrongful act.

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    Article 694 What is public nuisance?

    - (AOEBCA) A nuisance is an act, - A public nuisance affects the


    omission, establishment, business, community or neighbourhood or any
    condition of property, or anything else considerable number of persons,
    which although the extent of the annoyance,
    1. Injures or endangers the safety danger or damage upon the individuals
    or health of others or may be unequal.
    2. Annoys or offends the senses or
    3. Shocks, defies or disregards Classifications of nuisance
    decency or morality Classification
    4. Obstructs or interferes with the Numbers affected 1. Public
    free passage of any public 2. Private
    highway or street or any body 3. Mixed
    of water or Nature 1. Per Se
    5. Hinders or impairs the use of 2. Per Accidens
    Liability 1. Civil Liability
    property
    2. Criminal Liability
    Distinguish nuisance from trespass Duration 1. Continuing or
    recurrent
    Nuisance Trespass 2. Temporary or
    Use of ones own Trespass is a direct permanent
    property in such a infringement of Right to relief 1. Actionable
    manner to cause anothers right of 2. Non-actionable
    injury to the property property Remedy available 1. Abatable by
    or other right or criminal action
    interest of another 2. Abatable by civil
    Injury is consequential Injury is direct and action
    immediate 3. Abatable
    without judicial
    proceedings
    Distinguish nuisance from negligence 4. Abatable with
    judicial
    Nuisance Negligence proceeding
    Liable for the resulting Liable for want of care
    injury regardless of on the part of the
    degree of care person causing the
    injury
    Violation of an Violation of a relative
    absolute duty(act duty (failure to use
    wrongful in itself) degree of care
    required under
    particular
    circumstances)

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