Distinguish negligence from nuisance.

• A. Negligence is about interference with land use; negligence is about personal injury.
• B. Negligence concerns intent to harm.
• C. Nuisance concerns only property damage.
• D. Negligence concerns fault in carelessness causing damage; nuisance concerns interference with use or enjoyment of land, often through ongoing activities.

Answer: (D)

The key idea is that negligence and nuisance protect different interests and are proven in different ways. Negligence is about fault in carelessness: a person has a duty of care, breaches it through careless conduct, and that breach causes damage. It centers on whether someone failed to take reasonable care to prevent foreseeable harm, and damages (often personal injury or property loss) flow from that breach.

Nuisance, on the other hand, deals with interference with land use or enjoyment. It focuses on how a person’s activities affect a neighbour’s ability to use or enjoy their land, rather than on the wrongdoer’s level of fault. For private nuisance, the interference must be substantial and unreasonable, and remedies typically include injunctions or damages to stop the nuisance.

So the best statement is that negligence concerns fault in carelessness causing damage, while nuisance concerns interference with use or enjoyment of land, often through ongoing activities.

The other options misstate these ideas: negligence is not limited to personal injury or to mere land interference; it does not require intent to harm; nuisance is not limited to property damage but to overall interference with land use or enjoyment.