MBE Tip of the Day: Torts

Answer to the Torts MBE Question

Subject: Torts

Legal Issue: Nuisance

Legal Rule and Analysis: A private nuisance is when there is a substantial unreasonable interference with the plaintiff’s use or enjoyment of his or her property.  On the contrary, a public nuisance is when an act unreasonably interferes with the health, safety, or morals of a community.  Typically the government brings a public nuisance case.  However, an individual plaintiff can bring a public nuisance claim if he or she has suffered damages or harm that is unique from the other members of the community.

In this case, we are told that the citizen is bringing a public nuisance claim.  The standard for this claim is that the defendant’s act must unreasonably interfere with the health, safety, or morals of a community.  Toxic fumes invading the town that are causing the spread of not only odors, but significant illnesses certainly constitute an unreasonable interference with the health of a community.  However, since a private plaintiff is bringing this claim, this citizen must establish that he or she suffered harms or damages that are unique to those of the rest of the town in order to succeed.

Conclusion: The citizen will succeed if he or she has suffered some sort of damages or injuries that are unique to those suffered by the rest of the town.

Look at the answer choices provided. Choose an answer choice that matches your conclusion. Review the other answer choices provided. 

The answer choice (B) is therefore correct. (A) is incorrect because it describes the standard used for evaluating a private nuisance claim.  We are told in the facts that this is a public nuisance claim. (C) is incorrect because it does not matter in a nuisance claim if the factory has acted reasonably.  The use of the word “unreasonable” in the standard for nuisance claims refers to the harm caused – the interference with the health, safety, or morals must be unreasonable.  If it is, then a nuisance exists.  (D) is incorrect because the defendant’s mental state does not matter in a claim for nuisance.  Nuisance is not an intentional tort, so there is no requirement that the defendant acted intentionally or intended the unreasonable interference.

MBE Tip: Memorize the standards used to evaluate each cause of action in order to eliminate incorrect answer choices.  Like the question above, many questions require you to know the various standards that will be applied to each type of tort in order to identify the correct answer.  The incorrect answer choices will apply the incorrect standard (i.e. the standard for some other tort) to the facts.  Thus, if you pay close attention to the call of the question to identify the relevant tort and then have the appropriate standard memorized, you should be able to narrow down the answer choices to the correct answer.