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Nuisance Law Concepts

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Intentional Nuisance

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Intentional nuisance occurs when a defendant purposefully causes a nuisance. Example: A person repeatedly playing loud music at night knowing it disturbs their neighbor.

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Strict Liability Nuisance

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Strict liability in nuisance cases applies when the activity causing the nuisance is inherently dangerous. Example: An explosion at a chemical plant affecting nearby homes.

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Nuisance Per Se

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A nuisance per se is an act, occupation, or structure that is a nuisance at all times and under any circumstances. Example: Operating an illegal gambling establishment in a residential area.

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Definition of Nuisance

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A nuisance involves an interference with the right to use and enjoy property. Example: A factory emitting strong odors affecting nearby residents.

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Abatement of Nuisance

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Abatement involves the removal or cessation of a nuisance. Example: Court orders cessation of operations at a factory that emits harmful pollutants.

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Public Nuisance

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A public nuisance affects a community or the public at large. Example: A nightclub causing excessive noise disturbing an entire neighborhood.

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Temporary Nuisance

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A temporary nuisance is a transient issue that can be corrected. Example: A construction project causing temporary dust and noise pollution.

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Private Nuisance

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A private nuisance affects a specific individual or a small number of people. Example: A neighbor's tree roots causing damage to another's property.

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Permanent Nuisance

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A permanent nuisance is continuous and not easily remedied. Example: An industrial facility permanently damaging the soil quality of adjacent land.

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Negligent Nuisance

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Negligent nuisance happens when a defendant's carelessness results in a nuisance. Example: A landlord fails to repair a leaking pipe, causing water damage to tenants.

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