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A nuisance is any act, omission, establishment, business, condition of property, or anything else which shocks, defies, or disregards decency or morality.
A nuisance is any act, omission, establishment, business, condition of property, or anything else which shocks, defies, or disregards decency or morality.
True (A)
Every nuisance, public or private, is unlawful regardless of the time it has existed.
Every nuisance, public or private, is unlawful regardless of the time it has existed.
True (A)
A private nuisance, by definition, can also be considered a public nuisance.
A private nuisance, by definition, can also be considered a public nuisance.
False (B)
The district health officer is solely responsible for determining if a public nuisance should be abated.
The district health officer is solely responsible for determining if a public nuisance should be abated.
A private individual can legally remove or destroy a nuisance if it affects the public, regardless of whether the owner of the nuisance is notified or not.
A private individual can legally remove or destroy a nuisance if it affects the public, regardless of whether the owner of the nuisance is notified or not.
A person who has endured a nuisance can claim damages even if the nuisance has been removed.
A person who has endured a nuisance can claim damages even if the nuisance has been removed.
A private nuisance must affect a considerable number of people in a neighborhood, even though the degree of offense or danger may vary greatly.
A private nuisance must affect a considerable number of people in a neighborhood, even though the degree of offense or danger may vary greatly.
If a public nuisance is destroyed by a private individual, the value of the destroyed property must exceed $3,000 pesos.
If a public nuisance is destroyed by a private individual, the value of the destroyed property must exceed $3,000 pesos.
Flashcards
Nuisance
Nuisance
An act or condition that injures or annoys others, or disrupts decency.
Public Nuisance
Public Nuisance
A nuisance that affects the community or a large number of people.
Private Nuisance
Private Nuisance
A nuisance that primarily affects an individual rather than the community.
Liability for Nuisance
Liability for Nuisance
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Abatement
Abatement
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Remedies for Public Nuisance
Remedies for Public Nuisance
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Action by Individuals
Action by Individuals
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Destruction of Nuisance
Destruction of Nuisance
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Study Notes
Nuisance Definitions and Remedies
- A nuisance is any act, omission, establishment, business, or property condition that injures or endangers health/safety, offends senses, disregards decency/morality, obstructs public pathways/waterways, or impairs property use.
- Nuisances can be public or private.
- A public nuisance affects a community/neighborhood or numerous people, regardless of unequal impact on individuals.
- A private nuisance isn't covered under the public nuisance definition.
- Property owners are liable for nuisances on their property, even if started by a previous owner.
- Abating a nuisance doesn't prevent lawsuits for past damages.
- A nuisance remains illegal regardless of duration.
Public Nuisance Remedies
- Public nuisance remedies include:
- Prosecutions under penal codes/local ordinances.
- Civil actions.
- Extrajudicial abatement (without court proceedings).
- The district health officer ensures remedies are applied.
- City/municipal mayor initiates civil actions for public nuisances.
- The district health officer decides on the best abatement method (without court).
- A private person can sue for a public nuisance if it significantly harms them.
- A private person can abate a public nuisance, after:
- Requesting the owner/possessor to abate it.
- Receiving denial of the request.
- Receiving district health officer's approval and local police assistance.
- Damage to the nuisance is under 3,000 pesos.
- Proceeding without breaching the peace/causing unnecessary damage.
Private Nuisance Remedies
- Remedies for private nuisances are civil action or extrajudicial abatement.
- A private person can abate a private nuisance if necessary, following the same procedures as for public nuisances.
- Individuals abating nuisances (public or private) can be liable for damages if unnecessary injury occurs, or if the abatement is later deemed unjustified.
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