Q:

What is the difference between a public and private nuisance?

A:

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.

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 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 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:

    Can an individual change the date to the right year when having a signature acknowledged by a notary?

    A:

    No person, including a notary public, may make any changes to a notarized document after the date of notarization, according to the American Association of Notaries. If a notary makes an error on a document, she must correct it at the time of the original signing.

    Full Answer >
    Filed Under:
  • Q:

    What is a "preliminary examination" in court?

    A:

    A preliminary examination is a court hearing in which the prosecutor must prove to the judge that there is enough evidence and probable cause for a case to go to trial, according to Cornell University Law School. The hearing does not determine the guilt of the defendant.

    Full Answer >
    Filed Under:

Explore