HUEY RANZ KRIZZA R.

CALABINES
TORTS AND DAMAGES
ACTIVITY 1 – APRIL 25, 2020

1. A) Define Nuisance.
Nuisances are caused by an act or omission, whereby a person is
unlawfully annoyed, prejudiced or disturbed in the enjoyment of land or a
property brings inconvenience to a neighbor or to the public.
B. Examples of Nuisance that:
1. Injures or endangers the health or safety of others
Uncovered manhole in sidewalk;
Pollution or contamination of any domestic waters;
Drug dens; and
Buildings near houses
2. Annoys or offends the senses
Pig farm that releases foul smell near a subdivision;
Noise of roosters near neighborhood; and
Loud exhaust of motorcycles in the street
3. Shocks, defies or disregards decency or morality
Beer house near neighborhood;
Street fights; and
House of prostitution
4. Obstruct or interferes with the free passage of any public highway or
street or any body of water
Collecting fees to cross subdivision;
Parking of cars in the street that causes traffic; and
Closing of roads without valid reason
HUEY RANZ KRIZZA R. CALABINES
TORTS AND DAMAGES
ACTIVITY 1 – APRIL 25, 2020

2. Kinds of nuisance
1. As to the number of persons affected:
a. Public (or common) – is one which affects considerable number of
persons.
b. Private – affects only one person or a few
2. Other classification:
a. Nuisance Per Se – nuisance by its nature or nuisance as always.
b. Nuisance Per Accidens – nuisance by reason of its location.
c. Temporary – nuisance that can be cure if properly attended.
d. Permanent – nuisance by reason of its structure.
e. Continuing – nuisance that is repeated with regularity.
3. A) Doctrine of Attractive Nuisance
This doctrine implies that a property owner may be held liable for
injuries to children trespassing on the property if the injury is caused by the
instrumentalities or objects that likely to attract children.
B) Reason for the Doctrine
The purpose of this doctrine is to protect the children from harm since,
in their tender age, they don’t know how to properly decipher things around
them. If the attractive object is not present in that property, a child would
have no desire to enter such property.
C) Its applicability in bodies of water

According to the case of Hidalgo Enterprises vs. Guillermo Balandan,

the reason why a swimming pool or pond or reservoir of water is not considered
an attractive nuisance was lucidly explained by the Indiana Appellate Court as
follows:

Nature has created streams, lakes and pools which attract children.
Lurking in their waters is always the danger of drowning. Against this
danger children are early instructed so that they are sufficiently
HUEY RANZ KRIZZA R. CALABINES
TORTS AND DAMAGES
ACTIVITY 1 – APRIL 25, 2020
presumed to know the danger; and if the owner of private property
creates an artificial pool on his own property, merely duplicating the
work of nature without adding any new danger, (he) is not liable because
of having created an "attractive nuisance." Anderson vs. Reith-Riley
Const. Co., N. E., 2nd, 184, 185; 112 Ind. App., 170.

Therefore, as petitioner's tanks are not classified as attractive nuisance, the

question whether the petitioner had taken reasonable precautions becomes
immaterial. And the other issue submitted by petitioner — that the parents of
the boy were guilty of contributory negligence precluding recovery, because
they left for Manila on that unlucky day leaving their son under the care of no
responsible individual — needs no further discussion.

4. Why nuisance should be abated?

Nuisance should be abated simply because the word itself translates “to
hurt” thus there is violation of a right of another by inflicting some form of
hurting. Therefore, to cure the inflicted damage to the affected party, this
nuisance should be abated.

5. What is the rule for private individual in abating public nuisance?

The rules in abating a public nuisance by a private individual are: First,

demand must be made upon the owner of the property to abate the nuisance;
Second, such demand has been rejected; third, the abatement is approved by
district health officer and executed with the assistance of police officer; and
the value of the destruction will not exceed three thousand pesos.

6. When is a private person or public official can be held liable for damages in
abating nuisance?

If a private person or public official extra judicially abated a nuisance

which causes unnecessary injury or if that alleged nuisance is later declared by
the courts as not a real nuisance.

7. Explain why the rules on nuisance are not uniform and they have been made
flexible to circumstance of time and place?

Nuisance comes in different kinds of form. One can be a nuisance in a

specific place or time in a certain area but not in other areas. For example, a
night club or that strip clubs would be a nuisance if located in a subdivision.
However, it would not be a nuisance in a place like Malate.
HUEY RANZ KRIZZA R. CALABINES
TORTS AND DAMAGES
ACTIVITY 1 – APRIL 25, 2020