Property II

Utility of Harm


Restatement Second of Torts § 828

Utility of Conduct—Factors Involved

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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:

  1. the social value that the law attaches to the primary purpose of the conduct;
  2. the suitability of the conduct to the character of the locality; and
  3. the impracticability of preventing or avoiding the invasion.