Q:

What is the difference between a public and private nuisance?

A:

Quick Answer

The Cornell University Law School's Legal Information Institute states that a public nuisance transpires when a person unreasonably inhibits a right shared by the general public, while a private nuisance occurs when a plaintiff's use and satisfaction of private property is affected greatly and unreasonably through a thing or action. Courts may grant damages and prohibit further activity by the offender for either type of transgression.

Know More
What is the difference between a public and private nuisance?
Credit: Darrin Klimek Digital Vision Getty Images

Full Answer

The National Paralegal College offers examples of public and private nuisance cases. One example of a private nuisance involves a company which builds a tannery. A neighbor who owns his own property can smell the foul odor of the tannery from his home. This can be a viable action for nuisance against the company. The company is affecting the use and enjoyment of the plaintiff's property, and the odor is a substantial and unreasonable interference with the homeowner's enjoyment.

An example of a public nuisance from the National Paralegal College involves an oil tanker which causes a massive oil spill, damaging miles of coastline. Consequently, public beaches are unusable to the public. A windsurfing instructor at one of the beaches can no longer conduct his business because of the oil spill and subsequent beach closures. The instructor can request legal remedy against the company because of his business losses attributed to the public nuisance caused by the company.


Is this answer helpful?

Similar Questions

  • Q:

    What is a civil injunction?

    A:

    A civil injunction is a court order that requires a person to do or stop doing a specific action, according to the Cornell University Law School. Some civil injunctions require that one individual not have contact with another, and these are referred to as "restraining orders."

    Full Answer >
    Filed Under:
  • Q:

    What is an indemnity claim?

    A:

    A claim for indemnity is a request by a person or entity to be compensated for a loss or an injury, according to Cornell University Law School. The claim is based on a contract, typically with a third party, that is likely not directly responsible for the loss or injury.

    Full Answer >
    Filed Under:
  • Q:

    What is the difference between common law and equity?

    A:

    Equity establishes justice if common law is inadequate in certain circumstances, according to Cornell University Law School. The equity route is only an option when legal recourse has been exhausted.

    Full Answer >
    Filed Under:
  • Q:

    What is the difference between TM and R?

    A:

    The TM symbol is used to show that the entity using the name claims a right to it and is governed at most local, state and foreign levels, while the R symbol shows that the name being used has been registered with and approved to carry the federal trademark registration. The R symbol may not be used while the registration is pending; it may only be used once the process is completed.

    Full Answer >
    Filed Under:

Explore