What does "nuisance per se" refer to?

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"Nuisance per se" refers to acts that are inherently harmful regardless of the context in which they occur. This term is used in tort law to designate certain activities or conditions that are considered a nuisance in and of themselves, without needing to show the specifics of the harm or the circumstances surrounding it.

For instance, activities like operating a slaughterhouse near residential areas or creating excessive noise in a quiet neighborhood can be deemed nuisances per se because they are fundamentally disruptive to the rights of others to enjoy their property. The determination of nuisance per se is based on societal norms and legal standards that classify specific actions as inherently detrimental, making it unnecessary to provide additional evidence of harm in each individual case.

This concept is essential for protecting individuals from actions that are broadly recognized to cause collective harm, which contrasts with other categories of nuisance that are more context-dependent and require a demonstration of specific harm under particular circumstances.

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