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Chapter 1: Problem 10

All of the following are mentioned as disadvantages of the nuisance theory EXCEPT: A. the courts’ tendency to tolerate pollution in an effort to balance equities. B. ignoring the permanent harm done to the public. C. the plaintiff’s requirement to show “special injury” when a lawsuit is a public type. D. invoking the “coming to the nuisance” doctrine. E. the statute of limitations.

Short Answer

Expert verified
The correct answer is E. The statute of limitations.

Step by step solution

01

Understand the Nuisance Theory

The nuisance theory is a principle in common law that can be used to address and regulate environmental issues. As part of this theory, any action that causes annoyance, inconvenience, or harm to the public or to an individual can be considered a 'nuisance' and regulated or penalized. In this first step, get a grasp on the nuisances theory and its applications.
02

Debate Each Answer Choice

Discuss and debate each option in context of the nuisance theory. Analyze whether the option can or cannot be considered a disadvantage. For instance, 'A' mentions about courts' tendency to tolerate pollution, and this can be seen as a disadvantage as the nuisance theory often depends on judgments that can be subjective and vary from case to case. Proceed similarly with other options.
03

Exclude the Incorrect Answer Choices

After debating each answer choice, exclude the incorrect ones. Soon you will find that all options except one are typically discussed as weaknesses or criticisms related to nuisance theory. 'E', the statute of limitations, is generally a disadvantage in any legal theory, not just the nuisance theory. Therefore, it is not explicitly mentioned as a disadvantage of the nuisance theory.

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