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Torts Multistate Bar Examination (MBE) Practice Test

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A nuisance case involves a neighbor’s loud music late at night. The appropriate remedy is an injunction to stop the noise. What is a typical remedy in a private nuisance action in addition to injunction?
Correct Answer:
Compensatory damages.
Explanation:
In private nuisance, the remedy beyond stopping the nuisance is compensatory damages for the actual harm caused by the interference. Even when a court issues an injunction to stop the loud music, the harmed neighbor can recover money to make up for real losses from the disturbance—such as sleep deprivation, lost use of the property, or any reduction in enjoyment or value of the home due to the ongoing noise. Punitive damages aren’t the standard here unless there’s something exceptionally malicious or willful about the conduct, which is not typical in ordinary nuisance cases. Nominal damages would only apply if no actual harm were shown, which isn’t the situation when the neighbor has suffered real disturbance. Updated property tax credits don’t fit as a remedy in tort.

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