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  • Private Nuisance

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    Alan Zhu
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    Mario, a tenant, experienced issues from a nearby quarry including smoke that made him sick, dust that caused annoyance and cleaning, and noisy trucks that disrupted his sleep and work. While Mario did not have a title to sue as only a tenant, the quarry's smoking, dust, and truck traffic could constitute a substantial and unreasonable interference. The quarry authorized these nuisance activities through its contracts. Mario improperly addressed the nuisance himself through unreasonable self-help without notice. He likely cannot sue the quarry for private nuisance given he lacks a title to sue and acted unreasonably in response.

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    Mario, a tenant, experienced issues from a nearby quarry including smoke that made him sick, dust that caused annoyance and cleaning, and noisy trucks that disrupted his sleep and work. While Mario did not have a title to sue as only a tenant, the quarry's smoking, dust, and truck traffic could constitute a substantial and unreasonable interference. The quarry authorized these nuisance activities through its contracts. Mario improperly addressed the nuisance himself through unreasonable self-help without notice. He likely cannot sue the quarry for private nuisance given he lacks a title to sue and acted unreasonably in response.

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

    Private Nuisance

    Uploaded by

    Alan Zhu
    Mario, a tenant, experienced issues from a nearby quarry including smoke that made him sick, dust that caused annoyance and cleaning, and noisy trucks that disrupted his sleep and work. While Mario did not have a title to sue as only a tenant, the quarry's smoking, dust, and truck traffic could constitute a substantial and unreasonable interference. The quarry authorized these nuisance activities through its contracts. Mario improperly addressed the nuisance himself through unreasonable self-help without notice. He likely cannot sue the quarry for private nuisance given he lacks a title to sue and acted unreasonably in response.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Private Nuisance

    1.
    2.
    3.
    4.

    Title to sue- someone that has an interest in the property


    Substantial and unreasonable interference
    Def created/authorised/continued or adopted
    Remedies

    Even if the plaintiff has no title to sue in the problem question, we should still
    consider the other elements. If I were to be incorrect, I would consider the other
    elements and it would be
    Mario Nuisance Problem
    1. Title to sue- It appears as though he was only a tenant and would not have
    a potential title to sue
    2. Substantial and unreasonable interferencea. Smoke makes him sick
    b. Dust annoyance cleaning time
    c. Trucks noise less sleep work is affected
    Factors:
    Time to clean
    Duration/frequency
    Location
    Change in production levels
    New staff building
    Sensitivity
    3. Defendant created/authorised/continued/adopted the nuisance
    a. Quarry only put out chairs and didnt tell the workers to stop
    smoking altogether
    b. The dust and trucks were authorised by the contract with the yacht
    company
    4. Remedies
    a. Mario has already placed sticky tar himself (abatement/self-help)
    b. His actions were not reasonable as he did not give notice
    c. He could be sued for trespass
    5. Decision
    Probably wont be able to sue for private nuisance

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