Concept

Factory Nuisance

Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / Would you need to show evidence of harm to sue successfully a

"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 such facts. Going further, most courts would not, in this case, give me the Spur remedy: the ability to shut down the factory if I pay damages (in Calabresi language: protection of the factory, but only with a liability rule). Unlike in Spur, there are not many other residences impacted by the factory. Rather there are a great many other industrial concerns. Thus, it is unlikely that a court would decide that the costs of the factory’s activities (to both me and unrepresented third parties—like the residents of Sun City in Spur) greatly exceed its benefits. Given that, it would not make sense to order the factory shut down, even on payment of damages."

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Factory Nuisance | Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 | Bifalgorithm | Bifalgorithm