Bifalgorithm post · Property · Would you need to show evidence of harm to sue successfully a
Nuisance Standards
Nuisance Standards (Property · Would you need to show evidence of harm to sue successfully a) — "The substantial and unreasonable test is well over on the “sta…
Ideas in this flowchart
- The passage contrasts an uncertain nuisance standard with different legal rules for noise and jet fuel.
- The substantial-and-unreasonable test lies far toward the standards end of the rule-standard spectrum.
- The test provides no objective, non-controversial measure of what is or is not a nuisance.
- This lack of clarity may be considered a defect because it fails to give people clear notice.
- The uncertainty harms planning.
- People may mistakenly avoid uses that would not be considered nuisances.
- People may make uses that will be considered nuisances.
- The legal treatment differs according to whether the interference is intangible or tangible.
- Most courts would consider noise to be intangible.
- If loud noise is actionable, it is regulated as a nuisance.
- Proving a nuisance requires showing harm.
- Jet fuel is a tangible object, even in small quantities.
- A leak of jet fuel onto another person's property constitutes a trespass.
- Trespass does not require a showing of harm.
