Public Nuisance Essay

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INTRODUCTION Nuisance as a tort means an unlawful intereference with a person's use or enjoyment of land, or some rigth over, or in connection with it.1 Act interfering with the comfort, health or safetly are the examples of it. The interference may be anyways, e.g., nise, heat, smoke, smell, fumes, water, gas, electricity, excavation or disease producing germs. The classic black-letter definition of a public nuisance is "an act or omission which obstructs or causes inconvenience or damage in the exercise of rights common to all."2 As discussed in the last module, the concept of public nuisance is poorly understood and has been the subject of heated debate for more than a century. Much of this current confusion can be traced to the Restatement (Second) of Torts, beginning with Section 821B which states that: 1. A public nuisance is an unreasonable interference with a right common to the general public. 2. Circumstances that may sustain a holding that an interference with a public right is unreasonable include the following: a. whether the conduct involves a significant interference with the public health, the public safety, the public peace, the public comfort or the public convenience, or b. whether the conduct is proscribed by a statute, ordinance or administrative regulation, or c. whether the conduct is of a continuing nature or has produced a permanent or long lasting effect, and, as the actor knows or has reason to know, has a significant effect upon the public right. PUBLIC NUISANCE means unlawfully doing an act, or omitting to perform a duty, or any thing or condition 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 the individuals may be unequal, and where such unlawful act, omission, thing, or condition either: 1. Annoys,

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