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HomeMy WebLinkAboutNuisance Definition 14 • 0 1065 NUISMXCE tion the law is newly revealed which was for a long time agreement [i.e., without consideration] does not beget an hidden. obligation. Novus homo /nowvas howmow /. Lat. A new man. Nuda patientia /n(y)tiwdo p&shiyensh(iy)o /. Lat. Mere This term is applied to a man who has been pardoned of sufferance. a crime, and so made, as it were, a "new man." Nudes possessio /n(y)uwdo pozesh(iy )ow /. Lat. Bare or Now. At this time, or at the present moment; or at a mere possession. • time contemporaneous with something done. At the Nuda ratio et nuda pactio non ligant aliquem debito- present time. rem /n(y)uwda rd'sh(iy)ow et n(y)uwda peeksh(iy)ow non "Now" as used in a statute ordinarily refers to the ligont +12kwarn debatorom /. Naked reason and naked date of its taking effect, but the word is sometimes used, promise do not bind any debtor. not with reference to the moment of speaking but to a Nude. Naked. This word is applied metaphorically to a time contemporaneous with something done, and may variety of subjects to indicate that they are lacking in mean at the time spoken of or referred to as well as at some essential legal requisite. the time of speaking. Nude contract. One made without any consideration; Word "now" used in will normally refers to time of upon which no action will lie, in conformity with the testator's death; but, in light of context, may apply to maxim "ex nudo pacto non oritur actin." 2 Bl.Comm. date of will. 445. N.O.W. account. Negotiable Order of Withdrawal ac- Nude matter. A bare allegation of a thing done, unsup- counr.. C'u..n ul` interest bearing checking account. ported by evidence. Noxa /nokso /. Lat. In the civil law, any damage or Nude pact. One without consideration; an exet^story injury done to persons or property by an unlawful act contract without a consideration; a naked promise. committed by a man's slave or animal. An action for damages lay against the master or owner, who, however, Nudum pactum /n(y)tiwdam paektam /. A voluntary might escape further responsibility by delivering up the Promise, without any other consideration than mere goodwill, or natural affection. offending agent to the party injured. 'Noxa" was also used as the designation of the offense committed, and of A naked pact; a bare agreement; a promise or u der - its punishment, and sometimes of the slave or animal taking made without any consideration for it. doing the damage. Roman law. Informal agreements not coming within Noxalis aatio /nokseylos +ksh(iy)ow /. Lat. In the civil any of the privileged classes. They could not be sued on. law, an action which lay against the master of a slave, The term was sometimes used with a special and rather for some offense (as theft or robbery) committed or different meaning to express the rule that a contract damage or injury done by the slave, which was called without delivery will not pass property. ' noxa. " Usually translated "noxal action." Nudum pactum est ubi nulla subest causa printer Noxia /noks(i)ya /. Lat. In the civil law, an offense conventionem; sed ubi subest causes, fit obligatio, et committed or damage done by a slave. parit actionem /n(y)tiwdam pd;ktom est yuwbav n51a sabest koza priytar kanvenshiyownom, sed ydwbay sibest Noxious. Hurtful; offensive; offensive to the smell. koza fit oblogeysh(iy)ow et pzirot eekshiyownami. A The word "noxious" includes the complex idea both of naked contract is where there is no consideration except insalubrity and offensiveness. That which causes or the agreement; but, where there is a considera,on, it tends to cause injury, especially to health or morals. becomes an obligation and gives a right of action- N.P. An abbreviation for "notary public." Nudum pactum ex quo non oritur actin /n(y4wdam N.R. An abbreviation for "New Reports;" also for "not p ,+ktam eks kwow non oratar �ksh(iy)ow /. Nudum pac- reported," and for "nonresident." tum is that upon which no action arises. N.S. An abbreviation for "New Series;" also for "New Nugatory /n(y)dwgotariy /. Futile; ineffectual; invalid; Style." destitute of constraining force or vitality. A legis:ative act may be " nugatory" because unconstitutional. Avery NSF Check. Banking term meaning that there are "not & Co. v. Sorrell, 157 Ga. 476, 121 S.E. 828, 829. sufficient funds" to cover check drawn on account. A `'Nuisance.' Nuisance is that activity which arises from check that is dishonored on presentment for payme,,L unreasonable, unwarranted or unlawful •__e by a _�:-,on because the drawer does not have sufficient funds in his of his own property, working obstruction or inj-_ 7 to or her account to cover its payment. See also Overdraft. right of another, or to the public, and producir_ -such N.T.S.B. National Transportation Safety Board. material annoyance, inconvenience and discomfon -hat law will presume resulting damage. State ex re- Her- Nubilis /n(y)uwbalas /. Lest. In the civil law, marriagea- man v. Cardon, 23 Ariz.App. 78, 530 P.2d 1115.118. ble; one who is of a proper age to be married. That which annoys and disturbs one in possession _f his Nuda pactio obligationem non parit /n(y)uwda property, rendering its ordinary use or occupation =nysi- pa�ksh(iy)ow oblageyshiyownam non pa:rat /. A naked cally uncomfortable to him; e.g smoke, odors, rc ==r, or -2 " NUISANCE • ALL L' /L C __� �/ L �G 1066 vibration. Patton v. Westwood Country Club Co., 18 Assize of nuisance. In old English practice, this w a Ohio App.2d 137, 247 N.E.2d 761, 763, 47 O.O.2d 247. judicial writ directed to the sheriff of the count M The term is incapable of exhaustive definition which which a nuisance existed, in which it was stated that th, will fit all cases, as it is very comprehensive and in- party injured complained of some particular fact done cludes everything that endangers life or health, gives ad nocumentum liberi tenements sui (to the nuisance o f offense to senses, violates laws of decency, or obstructs his freehold), and commanding the sheriff to summon ar. reasonable and comfortable use of property. U.S. v. assize (that is, a jury) to view the premises, and h County Board of Arlington County, D.C.Va., 487 F.Supp. them at the next commission of assizes, that justice 137, 143. An offensive, annoying, unpleasant, or obnox might be done, etc. 3 B1.Comm. 221. ious thing or practice; a cause or source of annoyance, a continuing or re Common nuisance. One which affects the public in . especially g repeated invasion or distur- general, and not merely some particular person; a bance of another's right, or anything that works a hurt, Puit lit nuisance. inconvenience or damage. Renken v. Harvey Alu_ minum (Inc.), D.C.Or., 226 F.Supp. 169, 175. Continuing nuisance. An uninterrupted or periodicali, Nuisances are commonly classed as public, private, recurring nuisance; not necessarily a constant or un- and mixed. A public nuisance is one which affects an ceasing injury, but a nuisance which occurs so often and indefinite number of persons, or all the residents of a is so necessarily an incident of the use of proper,. - particular locality, or all people coming within the ex- complained of that it can fairly be said to be continuou -_ tent of its range or operation, although the extent of the Maintaining a nuisance. To "maintain" a nuisance annoyance or damage inflicted upon individuals may be means something more than having knowledge of its unequal. Maintaining a public nuisance is by act, or by existence; it means, in addition, preserving and continu -- failure to perform a legal duty, intentionally causing or ing its existence either by some positive act or by acquL r,cple v. Campbell, 45 Misc.2d 201, 256 I\ .y_ gers the public health, safety or welfare. An invasion of S.2d 467. a person's interest in the private use and enjoyment of permanent nuisance. A nuisance of such a character land by any type of liability-forming conduct is termed a that its continuance is necessarily an injury which wi?' private nuisance. It is a tort against a private person, continue without change. One that cannot be readii_: and actionable by him as such. As distinguished from abated at small expense. public nuisance, a private nuisance includes any wrong- ful act which destroys or deteriorates the property of an Qualified nuisance. As distinguished from an "absolutE individual or of a few persons or interferes with their nuisance," may consist of anything lawfully done or lawful use or enjoyment thereof, or any act which un- permitted to be done, so as to create a potential and lawfully hinders them in the enjoyment of a common or reasonable risk of damage, whiph in due course resulw public right and causes them a special injury different in injury to anotlier. Wayman v. Board of Ed. of Akroc from that sustained by the general public. Therefore, City School Dist., 6 Ohio App.2d 94, 216 N.E.2d 637, 63, Q although the ground of distinction between public Compare, Absolute nuisance, above. private nuisances is still the injury to the community at Temporary nuisance. A nuisance which can be corre_ large or, on the other hand, to a single individual, it is ed by the expenditure of labor or money. Pate v. City cr evident that the same thing or act may constitute a Martin, Tenn., 614 S.W.2d 46, 48. public nuisance and at the same time a private nui- Nuisance at law. See Nuisance per se. sance. A mixed nuisance is of the kind last described; that is, it is one which is both public and private in its Nuisance in fact. Acts, occupations or structures whit -. effects, public because it injures many persons or all are not nuisances per se but may become nuisances h- the community, and private in that it also produces reason of the circumstances of the location and s= special injuries to private rights. Kelley v. New York, 6 roundings or manner in which it is performed or opera Misc. 516, 27 N.Y.S. 164. ed. Robichaux v. Happunbauer, 258 La. •139, 245 So.l.- See also Anticipatory nuisance; Attractive nuisance doc- 385, 389. trine; Common nuisance; Legalized nuisance; Offensive; Nuisance per accidens /n(y)6wsans par d?ksaden-.-/. S—_ Private nuisance; Public nuisance. Nuisance in fact. Abatement of a nuisance. The removal, stoppage, pros- Nuisance per se /n(y)uwsans par siy /. An act. occup�- tration, or destruction of that which causes a nuisance, tion, or structure which is a nuisance at all times ar-d whether by breaking or pulling it down, or otherwise under all circumstances, regardless of location or su -- removing, destroying, or effacing it. See also Abatable roundings, Martin by Martin v. State, 129 A'=cn. Apt- nuisance. 100, 341 N.W.2d 239, 243; as, things prejuEcial - Absolute nuisance. Nuisance grounded in conduct public morals or dangerous to life or injurious :r publ:r_ which is intentional, rather than negligent. Dingwell v. rights; distinguished from things declared to be ruisa_ * -- Town of Litchfield, 4 Conn.App. 621, 496 A.2d 213, 215, es by statute, and also from things which ccrstitur% Compare Qualified nuisance, below. nuisances only when considered with reference :o the: particular location or other individual circurr�zzancef'_ Actionable nuisance. See Actionable. The difference between a "nuisance per se" ant a "nu: