pjc-oil-and-gas-2022-lib

I MPROPER U SE OF R EAL P ROPERTY

PJC 302.12

PJC 302.12 Private Nuisance PJC 302.12A Private Nuisance—Intentional QUESTION ______ Did Don Davis intentionally cause a nuisance?

A nuisance is a condition that substantially interferes with the use and enjoy ment 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 nuisance if the party acts for the purpose of causing the consequences from his act or believes that the consequences are substantially certain to result from the act. Answer “Yes” or “No.” Answer: _______________ PJC 302.12B Private Nuisance—Negligent QUESTION ______ Did Don Davis negligently cause a nuisance? A nuisance is a condition that substantially interferes with the use and enjoy ment 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 nuisance if he failed to do that which a person of ordinary prudence would have done under the same or similar circumstances or did that which a person of ordinary prudence would not have done under the same or similar circumstances. Answer “Yes” or “No.” Answer: _______________

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