2025 GDL Tort Nuisance Test – Master the Art of Law and Order!

A potential remedy for anticipatory nuisance often involves court injunctions. This legal tool allows a court to order a party to refrain from engaging in certain conduct that would likely result in a nuisance before it actually occurs. The purpose of an injunction is to prevent harm before it manifests, which is especially pertinent in cases where the potential nuisance could severely affect a property owner's use and enjoyment of their property.

Injunctions are favorable because they address the issue proactively, thereby preventing the necessity of remedies like damages after the fact, which would not necessarily mitigate the effects of the anticipated nuisance. For example, if someone plans to construct a factory that might cause significant noise or pollution in a residential area, an affected resident could seek an injunction to stop the construction before it starts.

The other options, while they might serve some purpose in different contexts, are typically not effective remedies for anticipatory nuisance. Pain and suffering damages are usually applicable after a nuisance has already occurred. Remedial repairs address issues that are already present rather than preventing future nuisances. Community service orders generally relate to criminal penalties and do not apply in civil nuisance cases. Thus, court injunctions stand out as the most appropriate remedy for anticipatory nuisance situations.