t a strong tradition of no damages for a party who “comes to the nuisance” exists in your jurisdiction
Assume that a strong tradition of no damages for a party who “comes to the nuisance” exists in your jurisdiction. Also, time has been turned back so that neither thefactory nor the housing development presently exist; the developmental conditions of the area are not yet really ripe for such activities. Will the “comes to the
nuisance” rule affect the pace and pattern of development? Is there anything objectionable about the behavior potentially motivated by a “comes to the nuisance” rule?
[Hint: The rule in question sets up a “race” for valuable legal rights. Is this race costless? Might society arguably be “better off” if the rights were allocated in
some other way? When is it worth paying the costs of having the race?]