LAW 516-001 – Property II

Gravity of Harm


Restatement Second of Torts § 827

Gravity of Harm—Factors Involved

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In determining the gravity of the harm from an intentional invasion of another's interest in the use and enjoyment of land, the following factors are important:

  1. The extent of the harm involved;
  2. the character of the harm involved;
  3. the social value that the law attaches to the type of use or enjoyment invaded;
  4. the suitability of the particular use or enjoyment invaded to the character of the locality; and
  5. the burden on the person harmed of avoiding the harm.