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)