Chapter

Would you need to show evidence of harm to sue successfully a

From Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 by Christian

Concepts

1. Nuisance Standards

   "The substantial and unreasonable test is well over on the “standards” end of the rule-standard spectrum. It does not provide an objective, non-controversial measure of what is and what is not a nuisa

2. Commons

   "If we assume Coase’s Theorem applies, it means that the parties will negotiate an efficient result whatever the external legal rules governing their conduct happen to be. A tragedy will not occur in

3. Factory Nuisance

   "If the factory were there first, most courts would decide that I had “come to the nuisance.” This is a defense to nuisance, meaning that courts will generally hold there is no nuisance at all under s

4. Possession

   "Possession is defined as the intent to possess or control an object together with physical actions manifesting that intent. Precisely what acts are required varies with context. A landowner should be