Utility of Harm
Restatement Second of Torts § 828
Utility of Conduct—Factors Involved
In determining the utility of conduct that causes an intentional invasion of another's interest in the use and enjoyment of land, the following factors are important:
- the social value that the law attaches to the primary purpose of the conduct;
- the suitability of the conduct to the character of the locality; and
- the impracticability of preventing or avoiding the invasion.
Copyright, The American Law Institute