Asked by Jessica Castro on Jun 07, 2024
Verified
If the only harm a plaintiff landowner can demonstrate is the same one that the public in general has sustained as a result of the defendant's supposed nuisance,this would likely be an action for ________.
A) public nuisance
B) trespass to land
C) private nuisance
D) trespass to chattels
Public Nuisance
An act or omission that obstructs, damages, or inconveniences the rights of the community or the general public.
Private Nuisance
A disturbance or interference with an individual's enjoyment or use of their property, without trespassing onto it.
- Understand the significance of the distinctions between public and private nuisances within environmental legislation, and their consequences for remedies and indemnities.
Verified Answer
RT
Riddim TingsJun 08, 2024
Final Answer :
A
Explanation :
If the only harm a plaintiff landowner can demonstrate is the same one that the public in general has sustained as a result of the defendant's supposed nuisance,the plaintiff cannot prove what is necessary to win a private nuisance case.Any nuisance present in such an instance would likely be a public nuisance.
Learning Objectives
- Understand the significance of the distinctions between public and private nuisances within environmental legislation, and their consequences for remedies and indemnities.
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