Article 694 What is public nuisance?

- (AOEBCA) A nuisance is an act, - A public nuisance affects the

omission, establishment, business, community or neighbourhood or any
condition of property, or anything else considerable number of persons,
which although the extent of the annoyance,
1. Injures or endangers the safety danger or damage upon the individuals
or health of others or may be unequal.
2. Annoys or offends the senses or
3. Shocks, defies or disregards Classifications of nuisance
decency or morality Classification
4. Obstructs or interferes with the Numbers affected 1. Public
free passage of any public 2. Private
highway or street or any body 3. Mixed
of water or Nature 1. Per Se
5. Hinders or impairs the use of 2. Per Accidens
Liability 1. Civil Liability
property
2. Criminal Liability
Distinguish nuisance from trespass Duration 1. Continuing or
recurrent
Nuisance Trespass 2. Temporary or
Use of ones own Trespass is a direct permanent
property in such a infringement of Right to relief 1. Actionable
manner to cause anothers right of 2. Non-actionable
injury to the property property Remedy available 1. Abatable by
or other right or criminal action
interest of another 2. Abatable by civil
Injury is consequential Injury is direct and action
immediate 3. Abatable
without judicial
proceedings
Distinguish nuisance from negligence 4. Abatable with
judicial
Nuisance Negligence proceeding
Liable for the resulting Liable for want of care
injury regardless of on the part of the
degree of care person causing the
injury
Violation of an Violation of a relative
absolute duty(act duty (failure to use
wrongful in itself) degree of care
required under
particular
circumstances)