PJC General Negligence 2022

N UISANCE

PJC 12.2

PJC 12.2

Private Nuisance

PJC 12.2A Private Nuisance—Intentional

QUESTION ______

Did Don Davis intentionally cause a private nuisance? A private nuisance is a condition that substantially interferes with the use and enjoyment of Paul Payne ’s land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities attempting to use and enjoy it. A party “intentionally” causes a private nuisance if the party acts for the pur pose of causing the consequences from his act or believes that the conse quences are substantially certain to result from the act. Answer “Yes” or “No.” Answer: _______________ Did Don Davis negligently cause a private nuisance? A private nuisance is a condition that substantially interferes with the use and enjoyment of Paul Payne ’s land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities attempting to use and enjoy it. A party “negligently” causes a private nuisance if he failed to do that which a person of ordinary prudence would have done under the same or similar cir cumstances or did that which a person of ordinary prudence would not have done under the same or similar circumstances. Answer “Yes” or “No.” Answer: _______________ PJC 12.2B Private Nuisance—Negligent QUESTION ______

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