About UsPublic Nuisance: Defining the Tort
author: Richard Faulk
Syllabus1
The classic black-letter definition of a public nuisance is "an act or omission which obstructs or causes inconvenience or damage in the exercise of rights common to all."2 As discussed in the last module, the concept of public nuisance is poorly understood and has been the subject of heated debate for more than a century. Much of this current confusion can be traced to the Restatement (Second) of Torts Read More »
Public Nuisance: A Historical Perspective
author: John Gray
Syllabus1
Legally, the term “nuisance” is traditionally used in three ways: (1) to describe an activity or condition that is harmful or annoying to others (e.g., indecent conduct, a rubbish heap or a smoking chimney); (2) to describe the harm caused by the before-mentioned activity or condition (e.g., loud noises or objectionable odors); and (3) to describe a legal liability that arises from the combination of the two.2 Read More »