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- Title
MAKING SENSE OF ABATEMENT AS A TORT REMEDY.
- Authors
Sebok, Anthony J.
- Abstract
This article examines the classification of private and public nuisance in tort law and the implications of this distinction on legal remedies. It provides a historical context for understanding the development of these two types of nuisance and discusses the remedies available for each. The article emphasizes that interference with a person's capacity to execute their plans is the key factor in determining whether a nuisance has occurred. It also explores the concept of abatement as a remedy for public nuisance and discusses the question of what constitutes an appropriate abatement remedy when the interference with a public right cannot be fully restored. The article provides examples of cases and highlights the disagreement between the judge and defendants in the opioid litigation regarding the scope of abatement.
- Subjects
AMERICAN law; TORTS; FALSE imprisonment; LEGAL liability; PUBLIC law; JURISPRUDENCE; NUISANCES
- Publication
DePaul Law Review, 2024, Vol 73, Issue 2, p525
- ISSN
0011-7188
- Publication type
Article