Asked by Cassandra Lorenzo on May 18, 2024
Verified
Ann is troubled with the noise of an old generator set up by her neighbor,Jose,at his residence.The noise the generator makes is unbearable.Ann sues Jose for nuisance.Will she succeed?
A) No,because it is reasonable noise.
B) No,because generator is not Ann's personal property.
C) No,because Ann cannot interfere with Jose's personal matters.
D) Yes,because the noise is interfering with Ann's use and enjoyment of her land.
Nuisance
An act, thing, or situation that causes annoyance or inconvenience.
Unbearable Noise
A level of noise that is excessively disruptive, preventing normal activities or causing significant distress.
Generator
A device that converts mechanical energy into electrical energy.
- Comprehend the principles of nuisance and their distinction from trespassing on property.
Verified Answer
BG
Breanne GnackeMay 21, 2024
Final Answer :
D
Explanation :
The noise in this case is unbearable and hence it fulfills the substantial and unreasonable nuisance clause necessary for a private nuisance case.
Learning Objectives
- Comprehend the principles of nuisance and their distinction from trespassing on property.
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