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Examine the following situations. Identify at least two (2) questions for each situation) you want answered in order to determine whether there has been an

Examine the following situations. Identify at least two (2) questions for each situation) you want answered in order to determine whether there has been an unreasonable interference with the use and enjoyment of land for purposes of establishing a private nuisance?

  1. The plaintiff lives next door to a small nursing home. The home has a large air conditioner motor in the backyard. The plaintiff is very upset about the noise given off by this motor.
  2. The defendant is an excellent mechanic. She works on cars as a hobby after her regular job hours. She frequently works on her car and the cars of friends until late at night. The plaintiff, a neighbor, is bothered by the bright lights the defendant uses while working on the cars and by the constant coming and going of her friends, who visit to talk about cars.
  3. The local church runs a bingo game every Thursday night. This is extremely upsetting to the plaintiff, who lives next door to the church.
  4. A factory employing 500 people has a chimney that sends black smoke into the air. Particles in the smoke sometimes fall on the plaintiff's house. The plaintiff is worried that the particles will damage her property.
  5. Tom lives two floors above Mary's apartment in a four story apartment building. Mary is a cigarette smoker and her boyfriend smokes cigars. Whenever either of them smokes, the second hand smoke travels up through the walls into Tom's apartment. It also goes into several of Tom's windows when they are open.

Topic is Survival and Wrongful Death; Torts Connected to Land. Jurisdiction is United States. Class is Civil Injuries

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