Black-letter propositions
- 01
Private nuisance is substantial and unreasonable interference with use and enjoyment, assessed through gravity, utility, locality, duration, and sensitivity.
- 02
Public nuisance is unreasonable interference with a public right; a private plaintiff needs special injury for damages.
- 03
Fraud requires material misrepresentation, scienter, intent to induce, justified reliance, actual reliance, and damages.
- 04
Negligent misrepresentation commonly requires business-supplied false information, lack of reasonable care, justified reliance, and a limited foreseeable class.
- 05
Intentional interference with contract requires knowledge, intentional improper inducement of breach, actual breach or disruption, and damages; prospective advantage has stricter wrongfulness requirements.
Use this attack sequence under time
Frame the issue
Identify protected land or economic interest.
Resolve the next checkpoint
State exact false statement or interference.
Resolve the next checkpoint
For nuisance, weigh gravity and utility and choose remedy.
Resolve the next checkpoint
For misrepresentation, prove state of mind and reliance.
Finish the conclusion
For interference, analyze privilege and impropriety.
Common wrong turns
- Abnormally sensitive land use may not support nuisance.
- Nonactionable opinion can become fraud when speaker implies hidden facts or superior knowledge.
- Competition can privilege prospective economic interference absent independently wrongful means.
Worked example
A factory's recurring night vibration prevents ordinary neighborhood sleep despite regulatory compliance.
Compliance is evidence but not dispositive. The substantial interference may be unreasonable after balancing gravity, locality, duration, utility, and feasible mitigation.
Practice this topic
Nuisance
Cornell describes nuisance as actions within someone's control that interfere with the rights of the public or private citizens outside their property, such as loud noises or water running onto another's property. Courts look at whether the action unreasonably interferes with health, safety and comfort, including the length of the nuisance, its unreasonableness and whether a law prohibits it. Parties typically receive damages unless the nuisance will continue or be irreparable, in which case equitable relief may be sought.
A private nuisance violates a private right not common to the public or damages a limited number of individuals, through use of property that significantly harms another's use and enjoyment of land. A public nuisance unreasonably interferes with a right the public shares, and most are brought by government officials.
Misrepresentation and interference
Cornell defines misrepresentation as a false or misleading statement, or a material omission that makes other statements misleading, made with intent to deceive or induce reliance. Tortious interference is a common-law tort allowing damages against a defendant who wrongfully and intentionally interferes with the plaintiff's contractual or business relationships.
Compare the three claims by the interest each protects: use of land, reliance on truthful statements and business relationships.
Frequently asked questions
What is the controlling rule for nuisance, misrepresentation, and interference?+
Nuisance and economic torts require their own protected interest, culpability, cause, reliance or interference, defenses, and tailored remedy.
How should I analyze nuisance, misrepresentation, and interference on the bar exam?+
Identify protected land or economic interest. State exact false statement or interference. For interference, analyze privilege and impropriety.
What is nuisance on the bar exam?+
Actions within someone's control that interfere with the rights of others outside their property, evaluated for unreasonable interference with health, safety and comfort.
What is a private nuisance?+
Use of property that causes significant harm to another's use or enjoyment of private land, violating a private right not common to the public.
Who brings a public nuisance action?+
Most are brought by government officials on behalf of the public, though private plaintiffs may sue if they suffered a greater or different harm.
What is misrepresentation on the bar exam?+
A false or misleading statement, or a material omission that renders other statements misleading, made with intent to deceive or induce reliance.
What is tortious interference?+
A common-law tort allowing damages against a defendant who wrongfully and intentionally interferes with the plaintiff's contractual or business relationships.