This flashcard is just one of a free flashcard set. See all flashcards!
13
Gravity vs. Utility Test (Nuisance)
GRAVITY- Torts §827
In determining gravity of harm from an intentional invasion of another’s interest in the use and enjoyment of land, the following factors are important:
oExtent of harm involved
oCharacter of harm involved
oSocial value that the law attaches to type of use or enjoyment invaded
oSuitability of particular use or enjoyment invaded to the character of the locality
oBurden on person harmed of avoiding harm.
UTILITY- Torts § 828
In determining utility of conduct that causes intentional invasion of another’s interest in the use and enjoyment of land, the following factors are important:
•Social value that law attaches to primary purpose of conduct
•Suitability of conduct to character of locality
•Impracticability of preventing or avoiding the invasion
In determining gravity of harm from an intentional invasion of another’s interest in the use and enjoyment of land, the following factors are important:
oExtent of harm involved
oCharacter of harm involved
oSocial value that the law attaches to type of use or enjoyment invaded
oSuitability of particular use or enjoyment invaded to the character of the locality
oBurden on person harmed of avoiding harm.
UTILITY- Torts § 828
In determining utility of conduct that causes intentional invasion of another’s interest in the use and enjoyment of land, the following factors are important:
•Social value that law attaches to primary purpose of conduct
•Suitability of conduct to character of locality
•Impracticability of preventing or avoiding the invasion
