Escolar Documentos
Profissional Documentos
Cultura Documentos
-or otherwise known as common nuisance has been defined as doing of or the failure to
do something that injuriously affects the safety, health, or morals of the public, or works
some substantial annoyance, inconvenience or injury to the public, and as a nuisance
which causes hurt, inconvenience, or damage to the public generally or neglecting to do
a thing which the common good requires.
PRIVATE NUISANCE
- it is one which violates only private rights and produces damages to but one or a few
persons. It includes any wrongful act which destroys or deteriorates the property of an
individual or a few persons or interferes with their lawful use or enjoyment thereof.
It is necessary in private nuisance that the plaintiff must suffer some form of damage.
Damage may be proved in one of two ways:
To succeed in private nuisance, the claimant must ordinarily show damage to the
property.
Public Nuisance affects the public at large while the latter affects the individual or a
limited number of individuals only. (The difference does not consist in any
difference in the nature or character of the thing itself, but in the extent or
scope of its injurious effect.)
Another difference is in the remedies available. Public nuisances are indictable while
private nuisances are actionable, either for their abatement or for damages, or both.
NUISANCE PER SE
1. A civil action; or
A. ABATEMENT OF NUISANCE