Lecture - September 29th
Private Nuisance
 No intent requirement
 Legal interest in land required
 Indirect tort
2 types:
1. Material physical damage to land - MPD (ex: oil spill)
2. Amenity nuisance (interfering w/ plaintiff’s bundle of rights with their property)
Antrim Test
Substantial  sufficiently material to justify recognition, and possible interference, by the courts.
1.
 Non-trivial
 Gravity og harm (effect, duration, frequency, nature)
2. Unreasonable
 MPD to land
 Gravity of harm
 Would it be unfair to have the Pl go without compensation?
*Injunction is an option for private parties, instead of compensation not part of test
 Public authority  less often pay $$ b/c tax dollars
 #2 is easier to determine when it’s a private entity
Tock Factors
Severity of harm  whether the interference is sufficiently severe that, when viewed alongside the other
elements of the reasonableness analysis, the plaintiff should not be expected to tolerate it in the
circumstances
1.
2. Character of the neighborhood
 Urban vs residential (less protection to urban)
3. The utility of the defendant’s conduct
 Purpose vs. nature – want to focus on purpose
 Malice + carelessness
 Public vs. private
4. Whether plaintiff displayed abnormal sensitivity
You live near sewage treatment plant and the smell is too strong to enjoy your backyard
 purpose of private nuisance is to protect private property rights
 No intent requirement possession
 You have to have a legal interest in the land affected leg. ownership)
- Sutherland
 Indirect tort (like trespass on the case)