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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.
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Nuisance Standards

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Property

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"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 nuisance. One might argue this is a bad thing, because it fails to provide people with clear notice of what will be considered a nuisance. This harms planning, by leading people mistakenly to avoid uses that in fact would not be considered nuisances or perhaps to make uses that will be considered nuisances.\n\nBecause noise would be considered “intangible” by most courts, loud noise, if actionable, will be regulated as a nuisance. To prove a nuisance, one needs to show harm. By contrast, jet fuel, even in small quantities, is a tangible object. Leaks onto the property of another would constitute a trespass, which does not require a showing of harm."

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