What type of damages can be pursued in a nuisance tort?

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In the context of a nuisance tort, general damages can be pursued to compensate a claimant for the loss or harm resulting from the nuisance. These damages are typically awarded for non-monetary losses such as discomfort, annoyance, loss of enjoyment of property, or other intangible harms caused by the nuisance. General damages are intended to address the negative impact that a nuisance has on an individual’s quality of life and the use of their property.

While other types of damages like emotional distress damages, compensatory damages, and exemplary damages may be relevant in various tort scenarios, they are not as specifically applicable to the quintessential nature of nuisance claims as general damages. Emotional distress damages focus more on psychological impacts rather than the direct effects on property use. Compensatory damages can include general damages, but they typically refer to any financial compensation for losses, encompassing more than just the non-economic aspects of nuisance. Exemplary damages, or punitive damages, are awarded to punish egregious behavior and deter future conduct, yet they do not relate directly to the compensation for harm caused by a nuisance. Thus, general damages most accurately represent the key type of compensation pursued in a nuisance tort.

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