Penal Code 373a PC is the California statute that makes it a crime for a person to: maintain, permit, or allow a public nuisance to exist on a property he owns or leases, and; do so after he receives written notice that the nuisance has to be fixed. [1] Examples of public nuisance include pollution of navigable waterways, interfering with the use of public parks and the creation of public health hazards. Public Nuisance, and; Private Nuisance; PUBLIC NUISANCE. With respect to the public nuisance , if the plaintiff does not sustain special damage , an action for damages is not maintainable . This is known as private nuisance. Private Nuisance and Public Nuisance. Penal Code 373a. Both in everyday vernacular and in legal terms, a nuisance is something that causes an annoyance. Created by. Flashcards. Spell. '3 In addition to public and private nuisances, there is the hybrid "mixed nuisance," damaging to the public in general Gravity. 2. A private nuisance is a civil wrong; it is the unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual Trespass or physical invasion to the land. aahaaynes. PUBLIC NUISANCE tutes a public nuisance, recent cases have involved such diverse matters as live sex shows,10 the improper practice of optometry,'1 the public exhibition of snakes,'2 and usurious small loan businesses. It is distinguished from a private nuisance, which harms only a neighbor or a few individuals. If, on the other hand, a nuisance interferes with the right of specific person or entity, it is considered a private nuisance. To be liable for public nuisance, the defendant must have interfered with public property, or with a right common to the public. But in case of private nuisance , an action for damages is maintainable . For example, a factory that spews out clouds of noxious fumes is a public nuisance, but playing drums at three in the morning is a private nuisance bothering only the immediate neighbors. There must be an interference with the plaintiff’s use or enjoyment of land 2. Private Nuisance . Key Concepts: Terms in this set (26) AG v PYA Quarries 1957-30 local residents complained of noise and dust from D's quarry outcome-Denning held D was committing a public nuisance and an injunction was granted. 997, 999 (1966). 4 Write. Public and Private Nuisance. Match. 2. 1.1. In addition to PC 372, Penal Code 373a addresses public nuisances as well. Learn. STUDY. The two types of nuisance are private nuisance and public nuisance. William L. Prosser, Private Action for Public Nuisance, 52 Va. L. Rev. The claims were private and taken by the individual affected by those acts. Part I: Suits for Public Nuisance. 1. If a nuisance causes problems to the general public, it's classified as a public nuisance. PLAY. If any act of a person annoys a large number of persons or class of persons, it is called "Public Nuisance". In case of public nuisance , an action lies for declaration with a prayer for injunction . Test. Public Nuisance. A Public Nuisance is an unreasonable interference with the public rights to the property. Private Nuisance means any illegal act of omission causing injury or danger to any individual or his property in particular. The defendant’s actions must constitute an unreasonable use of their land 3. . Private Nuisance: Definition Read v Lyons o ‘…an unlawful interference with a person’s use or enjoyment of his land, or some right over, or in connection with, that land.’ 1. In legal terms, a nuisance is an unreasonable use of their land.... Must be an interference with the plaintiff does not sustain special damage, action... Means any illegal act of a person annoys a large number of persons it. 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