What defenses may a defendant assert in a private nuisance claim?

In a private nuisance claim, the defendant can assert several defenses, with consent and coming to the nuisance being particularly significant. Consent refers to the idea that the plaintiff agreed to the conditions that are now being complained about, potentially nullifying the claim. For instance, if a homeowner moves next to a factory and later complains about noise and odors, they may have difficulty succeeding in a nuisance claim because they consented to the risks associated with living near such an operation.

Coming to the nuisance is another vital concept where the defendant argues that the plaintiff voluntarily moved to an area where they were aware of the existing nuisance. This defense can be effective because it highlights the plaintiff's choice to live in proximity to a nuisance, which may diminish the claim's strength significantly.

The other choices do not effectively serve as defenses in a private nuisance claim. Employment status and corporate affiliation generally do not relate to the nature of nuisance actions. Past precedence in common law can provide context but does not serve as a direct defense. Local government permission may introduce considerations regarding zoning and regulations, but it does not stand alone as a defense in nuisance cases, especially regarding private disputes. Therefore, the defenses of consent and coming to the nuisance directly address the nature of the nuisance claim and the behaviors of